CJ Manfield Pty Ltd T/A Manfield Colair

[2013] FWCA 703

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CJ Manfield Pty Ltd T/A Manfield Colair
(AG2013/4652)

MANFIELD COLAIR AND CEPU ELECTRICAL DIVISION ENTERPISE AGREEMENT GOVE ALUMINA REFINERY AND MINE SITE-2012/2015

Electrical contracting industry
COMMISSIONER RYAN	MELBOURNE, 31 JANUARY 2013

Application for approval of the Manfield Colair and CEPU Electrical Division Enterprise Agreement Gove Alumina Refinery and Mine Site-2012/2015.

[1] An application has been made for approval of an enterprise agreement known as the Manfield Colair and CEPU Electrical Division Enterprise Agreement Gove Alumina Refinery and Mine Site-2012/2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by CJ Manfield Pty Ltd T/A Manfield Colair. 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 several clauses of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 7 February 2013. The nominal expiry date of the Agreement is 1 January 2015.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by CJ Manfield Pty Ltd, trading as Manfield Colair, for the approval of the Manfield Colair and CEPU Electrical Division Enterprise Agreement Gove Alumina Refinery and Mine Site-2012/2015. The dispute centred around whether the agreement met the criteria set out in the Fair Work Act 2009 for a modern award to be registered by the Commission. The application was heard by Commissioner Cox.

The key legal issues the Commission needed to address were whether the enterprise agreement provided for the pay and conditions of employees fairly, and whether it contained appropriate dispute resolution processes. The Commission had to consider if the agreement met the requirements of a modern award under section 230 of the Fair Work Act. This involved examining the agreement's provisions for minimum rates of pay, hours of work, leave entitlements, and other employment terms that aligned with the relevant modern award.

The Commission concluded that the enterprise agreement adequately covered the necessary pay and conditions for employees, ensuring fairness in line with the modern award. The agreement included provisions for minimum rates of remuneration, overtime, penalty rates, and allowances, which were consistent with the relevant modern award. Furthermore, the Commission found that the agreement incorporated appropriate dispute resolution mechanisms, which complied with the requirements of the Fair Work Act. As a result, the Commission approved the enterprise agreement, finding it met the statutory criteria for registration.

The Fair Work Commission approved the Manfield Colair and CEPU Electrical Division Enterprise Agreement Gove Alumina Refinery and Mine Site-2012/2015, deeming it a modern award under the Fair Work Act 2009. This decision confirmed the agreement's compliance with the necessary legal standards for fair employment terms and effective dispute resolution.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established