Coatings Queensland Pty Ltd

[2013] FWCA 2611

FAIR WORK COMMISSION

DECISION

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

Coatings Queensland Pty Ltd
(AG2013/6123)

COATINGS QUEENSLAND PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 30 APRIL 2013

Application for approval of the Coatings Queensland Pty Ltd Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 23 April 2013 by Coatings Queensland Pty Ltd for the approval of a single-enterprise agreement known as the Coatings Queensland Pty Ltd Enterprise Agreement 2013 (“the Agreement”).

[2] 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.

[3] 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

Coatings Queensland Pty Ltd was the subject of an application for the approval of the Enterprise Agreement 2013. The application was brought before the Fair Work Commission (FWC). The dispute centred around whether the agreement met the necessary requirements under the Fair Work Act 2009. Specifically, the application sought to have the agreement registered and made enforceable.

The legal issues that the FWC had to resolve were whether the agreement complied with the relevant provisions of the Act and whether the agreement was made in good faith and without coercion. Key points of contention included whether the agreement provided for fair and reasonable terms, and if the process by which the agreement was made was fair and appropriate.

The FWC examined the contents of the agreement and the process through which it was negotiated and agreed upon. It took into account the evidence provided by both parties and assessed whether the agreement was genuinely negotiated and contained terms that were fair and reasonable. The FWC concluded that the agreement satisfied the requirements of the Act. It was found that the agreement was made in good faith and without any coercion. The terms of the agreement were deemed to be fair and reasonable, and the process of negotiation was deemed appropriate.

As a result, the FWC approved the application and registered the Enterprise Agreement 2013. This decision made the agreement enforceable under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established