Chelgrave Contracting Australia Pty Ltd

[2014] FWCA 1067

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chelgrave Contracting Australia Pty Ltd
(AG2014/3619)

CHELGRAVE CONTRACTING AUSTRALIA PTY LTD METALS LABOUR HIRE AGREEMENT 2013-2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 11 FEBRUARY 2014

Application for approval of the Chelgrave Contracting Australia Pty Ltd Metals labour Hire Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Chelgrave Contracting Australia Pty Ltd Metals labour Hire Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Chelgrave Contracting Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to the consultation clause of the Agreement and that undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union (AWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers the AMWU and AWU.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 18 February 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Chelgrave Contracting Australia Pty Ltd sought approval for the Metals labour Hire Agreement 2013-2016 in the Fair Work Commission. The application concerned the agreement's terms and conditions for workers employed in the metals sector, specifically addressing wages, hours, and other employment-related matters. The dispute arose from disagreements between Chelgrave Contracting and the workers' representatives about the fairness and enforceability of the proposed agreement.

The legal issues before the Commission involved assessing whether the agreement met the criteria for approval under the Fair Work Act 2009. This included determining if the agreement provided for a fair and reasonable terms of employment, and if it complied with the relevant provisions of the Act. Additionally, the Commission had to consider if the agreement had been genuinely negotiated and if it covered all the necessary provisions as required by the legislation.

The Fair Work Commission found that the proposed agreement met the statutory criteria for approval. The Commission was satisfied that the agreement provided for fair and reasonable terms of employment, including appropriate wage rates and conditions. It was determined that the agreement had been genuinely negotiated and contained all necessary provisions as required by the Act. Consequently, the Commission approved the Metals labour Hire Agreement 2013-2016, finding it to be in the best interests of the employees and the employer.

The Commission's decision resulted in the approval of the Metals labour Hire Agreement 2013-2016. This outcome meant that the agreement would govern the terms and conditions of employment for the workers in the metals sector during the specified period. The approval ensured that the agreement was legally binding and enforceable, providing clarity and certainty for both the employer and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established