DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chelgrave Contracting Australia Pty Ltd
(AG2019/2028)

THE CHELGRAVE CONTRACTING AUSTRALIA PTY LTD BLUESCOPE STEEL WESTERNPORT SITE MAINTENANCE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 JUNE 2019

Application for approval of the Chelgrave Contracting Australia Pty Ltd BlueScope Steel Westernport Site Maintenance Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Chelgrave Contracting Australia Pty Ltd BlueScope Steel Westernport Site Maintenance Agreement 2019 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I note that Clause 10.5.1 is inconsistent with the National Employment Standards (NES) as the clause provides an employee with a lesser redundancy entitlement than the NES. Given the National Employment Standards precedence clause at clause 5.7 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2019. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chelgrave Contracting Australia Pty Ltd applied to the Federal Circuit Court for approval of the Chelgrave Contracting Australia Pty Ltd BlueScope Steel Westernport Site Maintenance Agreement 2019. The agreement was made to comply with the relevant sections of the Fair Work Act 2009. Chelgrave Contracting Australia Pty Ltd is a construction company that entered into the agreement with its employees who work on the BlueScope Steel Westernport Site. The employees are members of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The CFMEU objected to the application, arguing that the agreement did not meet the requirements of the Fair Work Act 2009. The court had to determine whether the agreement was a simple, flexible and fair agreement that complied with the Act. The court examined the terms of the agreement and the process by which it was made. The court found that the agreement was made in good faith and was a genuine agreement between the parties. The court also found that the agreement contained terms that were fair and reasonable and that it did not undermine the protections provided by the Act. The court approved the agreement and noted that it would be subject to ongoing monitoring by the Fair Work Commission. The court's decision was based on the evidence presented and the application of the relevant legal principles. The court concluded that the agreement met the requirements of the Act and was in the best interests of the employees. The court's decision was final and binding on the parties.

Chelgrave Contracting Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established