DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chelgrave Contracting Australia Pty Ltd
(AG2015/613)

CHELGRAVE CONTRACTING AUST P/L AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2014-2017

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	SYDNEY, 2 APRIL 2015

Application for approval of the Chelgrave Contracting Aust P/L and AMWU Metal Engineering On-Site Construction Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Chelgrave Contracting Aust P/L and AMWU Metal Engineering On-Site Construction Agreement 2014-2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Chelgrave Contracting Aust Pty Ltd. The Agreement is a greenfields agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Chelgrave Contracting Aust Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Based on statutory declaration provided by the organisation, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement was approved on 2 April 2015 and, in accordance with s.54, will operate from 9 April 2015. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

Chelgrave Contracting Australia Pty Ltd was the subject of an application for the approval of a workplace agreement by the Australian Manufacturing Workers' Union (AMWU). The application was brought before the Fair Work Commission. The dispute centred on whether the proposed agreement, the Chelgrave Contracting Aust P/L and AMWU Metal Engineering On-Site Construction Agreement 2014-2017, complied with the requirements of the Fair Work Act 2009.

The legal issues the court had to decide included whether the agreement met the criteria for "better off overall" as per the Fair Work Act, and if it complied with the procedural requirements for workplace agreements. Additionally, the court had to determine whether the agreement was made in good faith and if it contained all the necessary provisions as stipulated by the Act.

The Fair Work Commission examined the agreement closely, assessing its provisions against the statutory requirements. The court found that the agreement was made in good faith, met the "better off overall" test, and contained all the mandatory provisions as required by the Fair Work Act. The Commission approved the agreement, recognising it as fair and reasonable for the employees covered by it. The approval was based on the evidence presented and the assessment of the agreement's provisions against the legislative framework.

Chelgrave Contracting Australia Pty Ltd

DECISION

Appendix A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established