Cameron Services International Pty Ltd

[2014] FWCA 8510

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cameron Services International Pty Ltd
(AG2014/10021)

CAMERON SERVICES INTERNATIONAL VALVE & FLANGE MANAGEMENT EMPLOYEES ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 28 NOVEMBER 2014

Application for approval of the Cameron Services International Valve & Flange Management Employees Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Cameron Services International Valve & Flange Management Employees Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cameron Services International Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 5 December 2014. The nominal expiry date of the Agreement is 27 November 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cameron Services International Pty Ltd applied for the approval of the Cameron Services International Valve & Flange Management Employees Enterprise Agreement 2014. The application was brought before the Fair Work Commission. The dispute centred around the fairness and compliance of the proposed agreement with the requirements of the Fair Work Act 2009. Specifically, the company and the union sought to resolve issues relating to the terms of employment, wages, and conditions for the employees in the valve and flange management sector.

The Commission examined whether the agreement met the 'better off overall test' and whether it contained the 'allowable provisions' as required by the Fair Work Act. This involved assessing if the proposed terms were more favourable than the existing awards or agreements, and if they adhered to the legal standards set forth by the Act. The court also had to consider whether the agreement was genuinely negotiated and if it was free from any prohibited content.

After a thorough analysis, the Fair Work Commission determined that the Cameron Services International Valve & Flange Management Employees Enterprise Agreement 2014 met all the necessary criteria. The agreement was deemed fair, compliant with the statutory requirements, and genuinely negotiated. The Commission approved the agreement, thereby setting the terms for the employees' employment conditions within the company.

The Fair Work Commission issued an order approving the Cameron Services International Valve & Flange Management Employees Enterprise Agreement 2014. This decision was based on the findings that the agreement was fair, adhered to the provisions of the Fair Work Act, and was free from any prohibited content. The approval effectively established the new terms and conditions for the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established