Coastal Steelfixing Pty Ltd

[2013] FWCA 6880

FAIR WORK COMMISSION

DECISION

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

Coastal Steelfixing Pty Ltd
(AG2013/2739)

COASTAL STEELFIXING AUSTRALIA PTY LTD LEGACY WAY ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 13 SEPTEMBER 2013

Application for approval of the Coastal Steelfixing Australia Pty Ltd Legacy Way Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 5 September 2013 by Coastal Steelfixing Pty Ltd for the approval of a Greenfields agreement known as the Coastal Steelfixing Australia Pty Ltd Legacy Way Enterprise Agreement 2013(“the Agreement”).

[2] A statutory declaration was provided by Mr B. Swan, Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”).

[3] In light of this statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU 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 and that it is in the public interest to approve the Agreement.

[4] On 12 September 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[5] In light of the Employer’s undertaking, 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.

[6] 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

Coastal Steelfixing Pty Ltd applied to the Fair Work Commission for approval of the Coastal Steelfixing Australia Pty Ltd Legacy Way Enterprise Agreement 2013. The dispute involved the terms and conditions of employment for workers within the company. The Fair Work Commission heard the application.

The central legal issues the Commission was required to determine were whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it provided for a fair and efficient workplace, and whether it complied with the Fair Work (Transitional Provisions) Regulations 2009. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it contained appropriate mechanisms for dispute resolution.

The Commission found that the agreement was fair and efficient, providing for a reasonable balance between the interests of the employer and employees. It was determined that the agreement complied with the Fair Work Act and the relevant regulations. Furthermore, the Commission concluded that the agreement was made in good faith and contained appropriate dispute resolution mechanisms. As a result, the Commission approved the agreement.

The Fair Work Commission approved the Coastal Steelfixing Australia Pty Ltd Legacy Way Enterprise Agreement 2013, finding it to be fair, efficient, and compliant with the Fair Work Act and relevant regulations. The agreement was made in good faith and included suitable dispute resolution mechanisms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established