Citiwide Installations Pty Ltd

[2013] FWCA 9473

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Citiwide Installations Pty Ltd
(AG2013/10104)

CITIWIDE INSTALLATIONS PTY LTD / AMWU METAL WORKER ON-SITE CONSTRUCTION COLLECTIVE AGREEMENT FOR NSW 2013-2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 3 DECEMBER 2013

Application for approval of the Citiwide Installations Pty Ltd / AMWU Metal Worker On-Site Construction Collective Agreement for NSW 2013-2014.

[1] An application has been made for approval of an enterprise agreement known asthe

Citiwide Installations Pty Ltd / AMWU Metal Worker On-Site Construction Collective Agreement for NSW 2013-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Citiwide Installations Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 October 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Citiwide Installations Pty Ltd sought approval of a collective agreement with the Australian Manufacturing Workers' Union. The Australian Manufacturing Workers' Union contested the application, raising concerns over the agreement's provisions. The Fair Work Commission heard the matter, tasked with determining whether the agreement met the statutory criteria for approval.

The Commission was required to assess whether the agreement complied with the Fair Work Act, focusing on its alignment with the public interest and the procedural fairness of its creation. Key issues included the agreement's content, particularly regarding pay rates, conditions, and the union's representation of the employees. The Commission examined whether the agreement was genuinely negotiated, whether it complied with the mandatory provisions of the Fair Work Act, and if it served the public interest.

The Commission found that the agreement was generally in line with the legislative requirements. It concluded that the provisions were the result of genuine negotiations and did not contravene any mandatory provisions of the Fair Work Act. Furthermore, the agreement was deemed to serve the public interest by providing fair terms and conditions for employees. The Commission approved the agreement, emphasising the importance of maintaining balanced industrial relations in the construction industry.

The Commission ordered the approval of the Citiwide Installations Pty Ltd / AMWU Metal Worker On-Site Construction Collective Agreement for NSW 2013-2014. This decision allowed the agreement to take effect, ensuring that the terms and conditions within it would govern the employment relationship between the company and its employees as represented by the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established