Cavpower Pty Ltd Summary

[2023] FWCA 1760

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cavpower Pty Ltd

(AG2023/1361)

APPLICATION FOR APPROVAL OF THE CAVPOWER PTY LTD (BROKEN HILL) MECHANICAL TRADES ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 JUNE 2023

Application for approval of the Cavpower Pty Ltd (Broken Hill) Mechanical Trades Enterprise Agreement 2022

An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Cavpower Pty Ltd (Broken Hill) Mechanical Trades Enterprise Agreement 2022 (Agreement).

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Construction, Forestry, Maritime, 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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 23 June 2023. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant Cavpower Pty Ltd sought approval of the Cavpower Pty Ltd (Broken Hill) Mechanical Trades Enterprise Agreement 2022. The application was made under section 234 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for mechanical trades workers at Cavpower’s Broken Hill site, and the primary concern was whether the agreement met the legal standards for approval under the Act.

The legal issues before the Commission included whether the agreement had been made in accordance with the procedural requirements set out in the Fair Work Act, and whether it contained all the mandated terms and conditions. Additionally, the Commission needed to determine if the agreement was in the best interests of the employees and whether it complied with the provisions for a single-enterprise agreement. The applicant argued that the agreement was fair and reasonable, and had been negotiated in good faith, while also asserting that it was in the best interests of the employees.

The Commission examined the negotiation process and the content of the agreement to ensure compliance with the statutory requirements. It found that the agreement had been made in good faith and without coercion, and that the necessary procedural steps had been followed. The Commission also assessed whether the agreement included all the mandated terms and conditions and whether it was fair and reasonable. Ultimately, the Commission was satisfied that the agreement was in the best interests of the employees and met the legal standards for approval. Consequently, the Commission approved the Cavpower Pty Ltd (Broken Hill) Mechanical Trades Enterprise Agreement 2022.

The Fair Work Commission approved the Cavpower Pty Ltd (Broken Hill) Mechanical Trades Enterprise Agreement 2022, determining that it met all the legal requirements and was in the best interests of the employees. The Commission's decision was based on the evidence of fair and good faith negotiations, adherence to statutory procedures, and the inclusion of all mandated terms and conditions. The approval of the agreement was effective from the date of the decision, and the terms of the agreement would govern the employment conditions of the mechanical trades workers at Cavpower’s Broken Hill site.

Cavpower Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established