Chelgrave Contracting Australia Pty Ltd

[2016] FWCA 1511

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Chelgrave Contracting Australia Pty Ltd

(AG2016/2404)

THE CHELGRAVE CONTRACTING AUSTRALIA PTY LTD BSL

WESTERNPORT SITE MAINTENANCE AGREEMENT 2016

Manufacturing and associated industries

COMMISSIONER GREGORY

MELBOURNE, 9 MARCH 2016

Application for approval of The Chelgrave Contracting Australia Pty Ltd BSL Westernport

Site Maintenance Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as The

Chelgrave Contracting Australia Pty Ltd BSL Westernport Site Maintenance Agreement 2016

(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the

Act). It has been made by Chelgrave Contracting Australia Pty Ltd. The Agreement is a single

enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The application was not lodged within 14 days after the agreement was made.

Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for

making the application to the date it was actually made.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair

Work Regulations 2009 is taken to be a term of the Agreement.
[2016] FWCA 1511

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

16 March 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 1511

Annexure A

CaseChat Overview and Summary

Chelgrave Contracting Australia Pty Ltd applied for the approval of an enterprise agreement, The Chelgrave Contracting Australia Pty Ltd BSL Westernport Site Maintenance Agreement 2016, under the Fair Work Act 2009. The application was made by the company to the Fair Work Commission. The agreement in question is a single enterprise agreement intended to govern the working conditions for employees at the BSL Westernport site.

The primary legal issues that the court had to address were whether the application for approval was made within the required timeframe and whether the agreement met the necessary requirements under the Fair Work Act. Additionally, the court needed to consider whether the written undertakings provided by the applicant would cause financial detriment to employees or result in substantial changes to the agreement.

The court found that the application was not lodged within the 14-day period required by the Fair Work Act, but in the circumstances, it was fair to extend the time for making the application to the date it was actually made. The court was satisfied that the written undertakings provided by the applicant would not cause financial detriment to employees nor result in substantial changes to the agreement. Furthermore, the court determined that all relevant requirements under sections 186, 187, 188, and 190 of the Act had been met, including the incorporation of the model consultation term as a term of the agreement.

The Fair Work Commission approved the agreement, which will operate from 16 March 2016 and will have a nominal expiry date of 31 March 2019. This decision provides clarity on the approval process for enterprise agreements and the flexibility the court may exercise in certain circumstances.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established