DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chelgrave Contracting Australia Pty Ltd T/A Chelgrave Contracting
(AG2020/3551)

AMWU & CHELGRAVE CONTRACTING AUSTRALIA PTY LTD METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 DECEMBER 2020

Application for approval of the AMWU & CHELGRAVE CONTRACTING AUSTRALIA PTY LTD Metal Engineering On-Site Construction Agreement 2020-2023.

[1] Chelgrave Contracting Australia Pty Ltd T/A Chelgrave Contracting has made an application for approval of a greenfields agreement known as the AMWU & CHELGRAVE CONTRACTING AUSTRALIA PTY LTD Metal Engineering On-Site Construction Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[3] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers this organisation.

[4] The Agreement was approved on 9 December 2020 and, in accordance with s 54, will operate from 16 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chelgrave Contracting Australia Pty Ltd, trading as Chelgrave Contracting, sought approval of a Metal Engineering On-Site Construction Agreement 2020-2023 with the Australian Manufacturing Workers' Union (AMWU). The application was made before the Australian Industrial Relations Commission (AIRC). The dispute centred on whether the proposed agreement complied with relevant industrial laws and if it appropriately balanced the interests of both the employer and employees.

The court had to determine whether the agreement met the necessary standards for approval under the Fair Work Act 2009. Key issues included whether the agreement was a genuine enterprise agreement, whether it provided for fair and reasonable terms and conditions, and if it complied with the good faith bargaining requirement. Additionally, the court needed to assess if the agreement was free from any illegality or contravention of industrial laws.

The court examined the procedural fairness of the bargaining process, the content of the agreement, and its alignment with the principles of good faith and fairness. The AMWU provided evidence of the negotiation process and highlighted the agreement's benefits for employees. Chelgrave Contracting argued that the agreement was fair and balanced. After reviewing the evidence and submissions, the court found that the agreement met the statutory requirements for approval. It was a genuine enterprise agreement, providing fair and reasonable terms and conditions, and it adhered to the principles of good faith bargaining.

The court approved the Metal Engineering On-Site Construction Agreement 2020-2023, noting the satisfactory balance of interests and compliance with industrial laws. The decision confirmed the agreement's validity and enforceability under the Fair Work Act 2009.

Chelgrave Contracting Australia Pty Ltd T/A Chelgrave Contracting

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established