Central Systems Pty Ltd

[2014] FWCA 5366

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Systems Pty Ltd
(AG2014/1533)

CENTRAL SYSTEMS PTY LTD (WA) MAINTENANCE AND UPGRADE WORKS EMPLOYEE COLLECTIVE AGREEMENT 2014-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 9 SEPTEMBER 2014

Application for approval of the Central Systems Pty Ltd (WA) Maintenance and Upgrade Works Employee Collective Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Central Systems Pty Ltd (WA) Maintenance and Upgrade Works Employee Collective Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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) of the Act I note that the Agreement covers the organisation.

[4] I had some concerns regarding the Clause 25 - Hours of Work and Clause 39 - Public Holidays in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representative for the agreement has indicated their support for the undertaking.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by Central Systems Pty Ltd (WA) for the approval of a Maintenance and Upgrade Works Employee Collective Agreement 2014-2018. The application was lodged with the Fair Work Commission (FWC) and the matter was subsequently heard in the Federal Circuit Court of Australia. The dispute revolves around the validity and enforceability of the proposed agreement, which was intended to regulate the terms and conditions of employment for certain employees within the company.

The primary legal issue before the court was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was genuinely bargained between the employer and the employees, and if it adhered to the relevant provisions of the Act. The court also needed to consider whether the agreement contained any terms that were not bona fide, as this would render the entire agreement invalid. Additionally, the court assessed whether the agreement provided for the protection of employees' rights and interests in a manner consistent with the principles of the Fair Work Act.

The court found that the agreement was genuinely negotiated and contained terms that were not only fair but also protected the employees' rights and interests. The agreement was held to be in line with the requirements of the Fair Work Act, and the court approved the agreement. The court found that the terms of the agreement were not only bona fide but also provided for the protection of employees' rights and interests in a manner consistent with the principles of the Act. The court concluded that the agreement was fair and reasonable, and therefore approved it.

The final orders of the court were that the Maintenance and Upgrade Works Employee Collective Agreement 2014-2018, as proposed by Central Systems Pty Ltd (WA), be approved and registered under the Fair Work Act 2009. The agreement was to come into effect from the date of the court's decision and would be binding on all parties involved. The court also ordered that the agreement be published in the Federal Register of Legislation, ensuring its accessibility to all relevant stakeholders.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established