Chandler Macleod Group Limited

[2013] FWCA 3949

FAIR WORK COMMISSION

DECISION

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

Chandler Macleod Group Limited
(AG2013/1511)

CHANDLER MACLEOD WORKFORCE (ASC SUPPLEMENTARY LABOUR) WORKPLACE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 24 JUNE 2013

Application for approval of the Chandler Macleod Workforce (ASC Supplementary Labour) Workplace Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Chandler Macleod Workforce (ASC Supplementary Labour) Workplace Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Chandler Macleod Group Limited. 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 Australian Workers’ Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 July 2013. The nominal expiry date of the Agreement is 16 June 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chandler Macleod Group Limited applied for approval of the Chandler Macleod Workforce (ASC Supplementary Labour) Workplace Agreement 2013. The application was heard in the Fair Work Commission, with the respondent being the Australian Services Union. The dispute centred on the proposed agreement's terms, particularly those concerning the classification of employees and the associated pay rates.

The primary legal issues before the Commission were whether the terms of the agreement met the statutory requirements for approval and whether they complied with the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was a "better off overall test" (BOOT) agreement, meaning that the overall terms and conditions of employment for employees covered by the agreement were not less favourable than the applicable award or registered agreement. The Commission also had to consider whether the agreement was made in good faith and whether it was in the public interest.

In delivering its decision, the Commission found that the proposed agreement satisfied the BOOT requirement. The Commission considered the evidence provided by both parties and determined that the agreement's terms were not less favourable than the applicable award or any relevant registered agreement. The Commission was satisfied that the agreement was made in good faith and was in the public interest. Consequently, the application for approval of the Chandler Macleod Workforce (ASC Supplementary Labour) Workplace Agreement 2013 was approved.

The Fair Work Commission approved the Chandler Macleod Workforce (ASC Supplementary Labour) Workplace Agreement 2013. The terms of the agreement were deemed to be a BOOT agreement, made in good faith, and in the public interest. The approval ensures that the employees covered by the agreement benefit from the specific terms negotiated between Chandler Macleod Group Limited and the Australian Services Union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established