DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cigweld Pty Ltd
(AG2015/3650)

CIGWELD PTY LTD (PRESTON) AGREEMENT 2014-2017

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 7 JULY 2015

Application for approval of the Cigweld Pty Ltd (Preston) Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Cigweld Pty Ltd (Preston) Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Cigweld Pty Ltd (the applicant). The agreement is a single-enterprise agreement.

[2] The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[3] The Agreement was made on 12 May 2015 but was not lodged until 22 June 2015, 27 days outside the requisite 14 day time period. The employer has sought an extension of time and by way of explanation has advised that it forwarded the Agreement to the AWU for signature on 14 May 2015 and did not received the signed Agreement back from the AWU until 11 June 2015. I accept that the delay was outside the control of the Applicant and, pursuant to s.185(3)(b), I consider it fair to extend the time for making the application to the date it was actually made due to the delay being outside the control of the applicant.

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

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 14 July 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cigweld Pty Ltd was the subject of an application for approval of the Cigweld Pty Ltd (Preston) Agreement 2014-2017. The applicants sought to have the agreement approved under the Fair Work Act 2009, with the matter being heard in the Fair Work Commission. The agreement in question was between Cigweld Pty Ltd and certain employees, aiming to establish terms and conditions of employment over the specified period. The dispute centred on whether the agreement complied with the relevant statutory requirements and whether it offered fair and reasonable terms for the employees.

The central legal issue before the Commission was whether the proposed agreement met the necessary criteria for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement provided fair and reasonable terms for the employees, whether it had been genuinely negotiated, and if it adhered to the provisions of the Act. The Commission also considered the balance of bargaining power between the parties and the overall fairness of the terms proposed.

In delivering its decision, the Commission examined the terms of the agreement and the process by which it was negotiated. The Commission found that the agreement contained terms that were fair and reasonable, taking into account the nature of the work and the economic circumstances of the parties. The Commission was satisfied that the agreement had been genuinely negotiated and that it did not undermine the protection afforded by the Act. Consequently, the Commission approved the application for the agreement to be registered, finding that it met all statutory requirements.

The Fair Work Commission approved the application for the registration of the Cigweld Pty Ltd (Preston) Agreement 2014-2017, with the agreement to be registered under the Fair Work Act 2009. The decision confirmed that the agreement provided fair and reasonable terms for the employees and had been genuinely negotiated, thus satisfying the requirements for approval.

Cigweld 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