Chelgrave Contracting Australia Pty Ltd Summary

[2013] FWCA 6584

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chelgrave Contracting Australia Pty Ltd
(AG2013/2648)

THE CHELGRAVE CONTRACTING AUSTRALIA PTY LTD AND AMWU/ETU/AWU UNION COLLECTIVE BARGAINING BSL WESTERNPORT SITE MAINTENANCE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 4 SEPTEMBER 2013

Application for approval of The Chelgrave Contracting Australia Pty Ltd and AMWU/ETU/AWU Union Collective Bargaining BSL Westernport Site Maintenance Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the The Chelgrave Contracting Australia Pty Ltd and AMWU/ETU/AWU Union Collective Bargaining BSL Westernport Site Maintenance Agreement 2013 (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 clause 31.3(d) of the Agreement and this 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 it wants 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 11 September 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

Chelgrave Contracting Australia Pty Ltd, a company involved in construction activities, applied to the Fair Work Commission for approval of a collective bargaining agreement with the AMWU/ETU/AWU Union. The agreement, titled the BSL Westernport Site Maintenance Agreement 2013, was intended to regulate the terms and conditions of employment for workers at a specific site in Western Port. The dispute arose when the application was challenged by another party, leading to a hearing before the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed agreement was appropriate for approval. This required a consideration of the agreement's compliance with the Fair Work Act 2009, particularly in terms of whether it promoted harmonious, productive, and cooperative workplace relationships. The Commission needed to assess if the agreement provided for fair and efficient workplace practices and if it adhered to the principles of procedural fairness. Furthermore, the Commission had to evaluate whether the agreement was made in good faith and if it was appropriately negotiated.

In reaching its decision, the Fair Work Commission considered the terms of the agreement and the process by which it was negotiated. The Commission found that the agreement did indeed promote harmonious, productive, and cooperative workplace relationships, and it was in line with the principles of procedural fairness. The Commission was satisfied that the agreement was made in good faith and that it had been appropriately negotiated. Consequently, the Commission approved the BSL Westernport Site Maintenance Agreement 2013, determining that it met the statutory criteria for approval.

The Fair Work Commission's approval of the agreement was formally recorded, and the application was granted. This decision affirmed the appropriateness of the agreement in regulating the terms and conditions of employment for workers at the Western Port site, providing a clear framework for future industrial relations between Chelgrave Contracting Australia Pty Ltd and the AMWU/ETU/AWU Union.

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