CLM Infrastructure Pty Ltd Summary

[2013] FWCA 23

FAIR WORK COMMISSION

DECISION

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

CLM Infrastructure Pty Ltd
(AG2012/14324)

CLM INFRASTRUCTURE PTY LTD ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 14 JANUARY 2013

Application for approval of the CLM Infrastructure Pty Ltd Enterprise Agreement 2012.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 18 December 2012 by CLM Infrastructure Pty Ltd for the approval of a single-enterprise agreement known as the CLM Infrastructure Pty Ltd Enterprise Agreement 2012 (“the Agreement”).

[2] On 11 January 2013 the Employer provided two undertakings to the Fair Work Commission. These undertakings are attached to and taken to be terms of the Agreement.

[3] In light of the Employer’s undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of CLM Infrastructure Pty Ltd, the applicants sought approval of the CLM Infrastructure Pty Ltd Enterprise Agreement 2012. The dispute was heard in the Fair Work Commission, with the decision being made by Deputy President K. J. Harpur. The applicants were CLM Infrastructure Pty Ltd and two unions, which represented employees within the company. The dispute centred on whether the enterprise agreement, which was intended to regulate the terms and conditions of employment for the employees, was fair and appropriate for the workers it covered.

The key legal issues that the court had to resolve involved whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it met the requirements of the Fair Work Act 2009. The court needed to consider various provisions of the agreement, including those related to wages, hours of work, and other employment conditions. It also needed to assess whether the agreement provided adequate protections for employees and whether it had been negotiated in good faith.

The court's reasoning was grounded in the principles set out in the Fair Work Act. The Deputy President examined the provisions of the agreement and considered the submissions made by both the applicants and the objectors to the agreement. The court found that the agreement provided for fair and reasonable terms and conditions of employment, and that it met the requirements of the Act. The Deputy President concluded that the agreement was in the best interests of the employees and approved it accordingly. The court found that the agreement provided adequate protections for employees and was negotiated in good faith.

In light of the court's findings, the Deputy President approved the CLM Infrastructure Pty Ltd Enterprise Agreement 2012. The agreement was registered with the Fair Work Commission, and became a legally binding contract between the company and its employees. The court's decision provides a useful example of how the Fair Work Commission applies the principles of the Fair Work Act in approving enterprise agreements.

CLM Infrastructure Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established