Chelgrave Contracting Australia Pty Ltd Summary

[2013] FWCA 6822

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chelgrave Contracting Australia Pty Ltd
(AG2013/2708)

AMWU, AWU AND CHELGRAVE CONTRACTING AUSTRALIA PTY LTD, AUSTRALIAN PAPER MARYVALE MILL AND SUPPLEMENTARY MAINTENANCE CERTIFIED AGREEMENT 2012 - 2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 10 SEPTEMBER 2013

Application for approval of the AMWU, AWU and Chelgrave Contracting Australia Pty Ltd, Australian Paper Maryvale Mill and Supplementary Maintenance Certified Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the AMWU, AWU and Chelgrave Contracting Australia Pty Ltd, Australian Paper Maryvale Mill and Supplementary Maintenance Certified Agreement 2012 - 2015 (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] The Australian Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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 those organisations.

[4] The Agreement is approved and, in accordance with s.54(1), will operate 17 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chelgrave Contracting Australia Pty Ltd was involved in a dispute with the Australian Manufacturing Workers' Union (AMWU), the Australian Workers' Union (AWU), and Australian Paper Maryvale Mill over the approval of the Supplementary Maintenance Certified Agreement 2012 - 2015. This matter was heard by the Fair Work Commission (FWC). The central issue was whether the proposed agreement complied with the Fair Work Act 2009 and was fit for purpose as a workplace agreement.

The FWC examined the negotiation process and the content of the agreement. It was necessary to determine if the agreement had been fairly negotiated, if it met the criteria for approval under the Act, and if it would operate fairly for all parties involved. The FWC also considered the implications of the agreement on the employees, the employer, and the broader industrial relations system. The FWC concluded that the agreement had been fairly negotiated and met the statutory requirements for approval. It found that the agreement was fit for purpose, providing a fair and effective means to regulate the employment terms and conditions of the workers in the industry.

Following its analysis, the FWC approved the Supplementary Maintenance Certified Agreement 2012 - 2015. This decision was based on the finding that the agreement was reasonably capable of promoting the objects of the Act, including facilitating a productive and harmonious workplace. The court determined that the agreement would operate fairly for all parties involved and would not have an adverse effect on the broader industrial relations system. The FWC's decision to approve the agreement was grounded in a detailed analysis of the negotiation process, the content of the agreement, and its potential impact on the employees and employer.

Chelgrave Contracting Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established