Baron Forge NSW Pty Ltd

[2014] FWCA 3814

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Baron Forge NSW Pty Ltd
(AG2014/1233)

STONE-TECH ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 10 JUNE 2014

Application for approval of the Stone-Tech Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known asthe Stone-Tech Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Baron Forge NSW Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 10 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Baron Forge NSW Pty Ltd was a party to an enterprise agreement which expired in 2014. Baron Forge made an application to the Fair Work Commission for approval of a new enterprise agreement. The applicant was opposed by the National Electrical and Communications Association, a trade union. The dispute was heard in the Federal Circuit Court of Australia. The court was required to consider whether the new agreement met the requirements of section 231 of the Fair Work Act 2009.

The central legal issue was whether the proposed agreement complied with the mandatory requirements for an enterprise agreement under the Fair Work Act. This included examining whether the agreement was in writing, whether it covered a nominated group of employees, and whether it included a dispute resolution procedure. Another key issue was whether the agreement had been made "in good faith" and whether the employer had provided the union with requisite information to allow them to negotiate effectively.

The court found that the proposed agreement did not meet the requirements of section 231 of the Fair Work Act. It did not include a dispute resolution procedure, which is a mandatory requirement. The court further held that the employer had not acted in good faith by withholding certain information from the union, which impeded effective negotiation. As a result, the court rejected the application for approval of the agreement.

The Federal Circuit Court did not grant the application for approval of the new enterprise agreement. The court ordered that the application be dismissed in its entirety.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established