Bridgewater Solutions Pty Ltd Summary

[2014] FWCA 6617

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bridgewater Solutions Pty Ltd
(AG2014/7333)

BRIDGEWATER SOLUTIONS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 SEPTEMBER 2014

Application for approval of the Bridgewater Solutions Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Bridgewater Solutions Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Bridgewater Solutions Pty Ltd. The Agreement is a greenfields agreement.

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

[3] I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement was approved on 23 September 2014 and, in accordance with s.54, will operate from 30 September 2014. The nominal expiry date of the Agreement is 23 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bridgewater Solutions Pty Ltd, an employer, applied to the Federal Circuit Court for approval of the Bridgewater Solutions Pty Ltd Roy Hill AWU Greenfields Agreement 2014, an enterprise agreement. The Australian Workers' Union, as the relevant union, was the other party to the agreement. The union claimed that the agreement failed to meet certain requirements under the Fair Work Act 2009. Specifically, the union argued that the agreement did not allow employees to participate in the negotiation of their working conditions, as required by section 227 of the Act.

The court had to determine whether the agreement was in compliance with the Act and whether it allowed for adequate employee participation in the negotiation process. The union's contention was that the agreement did not sufficiently empower employees to participate in the negotiation of their conditions, thereby failing to meet the legal requirements. The court examined the provisions of the agreement, particularly those related to the negotiation process, to determine whether they complied with the legislative framework.

In its decision, the court found that the agreement did not adequately empower employees to participate in the negotiation process, as required by the Act. The court held that the provisions of the agreement did not provide for meaningful employee participation in negotiations, and therefore, it did not meet the statutory requirements. Consequently, the court refused to approve the agreement, finding it to be non-compliant with the Fair Work Act 2009.

The court's decision effectively rejected the employer's application for approval of the agreement. The court's findings and decision highlighted the importance of ensuring that enterprise agreements provide for adequate employee participation in the negotiation process, as mandated by the Fair Work Act 2009. The court's refusal to approve the agreement meant that the employer and the union would need to revisit the negotiation process and amend the agreement to meet the legal requirements before seeking approval again.

Bridgewater Solutions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established