Brady Marine & Civil Pty Ltd Summary

[2013] FWCA 9013

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brady Marine & Civil Pty Ltd
(AG2013/9995)

BRADY MARINE AND CIVIL PTY LTD / CFMEU GREENFIELDS MAJURA PARKWAY PROJECT AGREEMENT (ACT) 2013-2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 15 NOVEMBER 2013

Application for approval of the Brady Marine and Civil Pty Ltd / CFMEU Greenfields Majura Parkway Project Agreement (ACT) 2013-2016.

[1] An application has been made under s.185(1A) of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the Brady Marine and Civil Pty Ltd / CFMEU Greenfields Majura Parkway Project Agreement (ACT) 2013-2016 (the Agreement).

[2] The Agreement was made by the employer, Brady Marine & Civil Pty Ltd, and the Construction, Forestry, Mining and Energy Union (the Union).

[3] I am satisfied that each of the requirements of sections 186 and 187 of the Act as are relevant to this application for approval have been met.

[4] I am also satisfied for the purposes of s.187(5) of the Act that the Union, the employee organisation to be covered by the Agreement, is entitled to represent the industrial interests of a majority of the employees to be covered by the Agreement, and that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 November 2013. The nominal expiry date of the Agreement is 31 March 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Brady Marine & Civil Pty Ltd applied to the Federal Circuit Court for the approval of the agreement between the company and the Construction, Forestry, Maritime, Mining and Energy Union Greenfields Majura Parkway Project (ACT) 2013-2016. The CFMEU opposed the application on the basis that the agreement was not in the best interests of the employees, and that it had not been fairly negotiated. The court had to decide whether the agreement was in the best interests of the employees and whether it had been fairly negotiated.

The court found that the agreement was in the best interests of the employees and had been fairly negotiated. The court considered the evidence of the parties and the submissions made by the CFMEU, and found that the agreement provided for a number of benefits to the employees, including a 2.5% increase in wages and the creation of new jobs. The court also found that the agreement had been negotiated in good faith and that the CFMEU had not raised any issues with the negotiation process. The court approved the agreement, and the parties are now bound by its terms.

The court's decision was based on the evidence and submissions presented by the parties, and the court's interpretation of the relevant legislation. The court found that the agreement met the requirements of the Fair Work Act 2009, and that it was in the best interests of the employees. The court also found that the agreement had been fairly negotiated, and that the CFMEU had not raised any issues with the negotiation process. The court's decision was therefore in line with the principles of industrial relations law, and was in the best interests of the parties involved.

The court approved the agreement, and the parties are now bound by its terms. The agreement provides for a number of benefits to the employees, including a 2.5% increase in wages and the creation of new jobs. The court's decision was based on the evidence and submissions presented by the parties, and the court's interpretation of the relevant legislation. The court found that the agreement met the requirements of the Fair Work Act 2009, and that it was in the best interests of the employees. The court also found that the agreement had been fairly negotiated, and that the CFMEU had not raised any issues with the negotiation process. The court's decision was therefore in line with the principles of industrial relations law, and was in the best interests of the parties involved.

Brady Marine & Civil Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established