Cambar Precast (Vic) Pty Ltd

[2013] FWCA 141

FAIR WORK COMMISSION

DECISION

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

Cambar Precast (Vic) Pty Ltd
(AG2012/14299)

CAMBAR PRECAST (VIC) PTY LTD AND THE CFMEU PRECAST PANEL INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 9 JANUARY 2013

Application for approval of the Cambar Precast (Vic) Pty Ltd and the CFMEU Precast Panel Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Cambar Precast (Vic) Pty Ltd and the CFMEU Precast Panel Industry Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cambar Precast (Vic) Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 16 January 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cambar Precast (Vic) Pty Ltd was the subject of an application for the approval of the Cambar Precast (Vic) Pty Ltd and the CFMEU Precast Panel Industry Enterprise Agreement 2011-2015. The Fair Work Commission heard the matter, which involved the dispute over the terms and conditions of employment as outlined in the enterprise agreement. The dispute centred on the validity and fairness of the agreement, particularly concerning its compliance with the relevant industrial laws and whether it adequately protected the interests of both the employer and the employees.

The legal issues before the Commission included whether the agreement was genuinely a bargain between the parties, whether it was made without coercion, and if it provided for a fair and reasonable set of terms and conditions. The Commission also had to determine whether the agreement met the requirements of being a single, clear, and accessible document, as mandated by industrial law. Additionally, the Commission was tasked with ensuring that the agreement did not unfairly discriminate against any group of employees and that it adhered to the principles of good faith bargaining.

In reaching its decision, the Fair Work Commission examined the bargaining process and the content of the agreement. The Commission found that the agreement was genuinely negotiated between the parties, without any evidence of coercion or undue influence. It was determined that the terms and conditions provided for in the agreement were fair and reasonable, taking into account the economic and industrial context. The Commission also concluded that the agreement complied with the requirements of being a single, clear, and accessible document. Furthermore, the Commission found that the agreement did not unfairly discriminate against any group of employees and adhered to the principles of good faith bargaining. Based on these findings, the Commission approved the Cambar Precast (Vic) Pty Ltd and the CFMEU Precast Panel Industry Enterprise Agreement 2011-2015.

The Fair Work Commission approved the Cambar Precast (Vic) Pty Ltd and the CFMEU Precast Panel Industry Enterprise Agreement 2011-2015, subject to the terms and conditions set out in the agreement. The approval was granted on the basis that the agreement met all legal requirements, including being genuinely negotiated, free from coercion, and providing fair and reasonable terms and conditions. The Commission's decision was based on a thorough examination of the bargaining process and the content of the agreement, ensuring that it complied with all relevant industrial laws and principles.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established