Coleman Crane Rail Pty Ltd

[2014] FWCA 6105

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coleman Crane Rail Pty Ltd
(AG2014/1973)

COLEMAN CRANE RAIL PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 SEPTEMBER 2014

Application for approval of the Coleman Crane Rail Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Coleman Crane Rail Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Coleman Crane Rail Pty Ltd. The Agreement is a greenfields agreement.

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

[3] Pursuant to s. 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, 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. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement was approved on 3 September 2014 and, in accordance with s.54, will operate from 10 September 2014. The nominal expiry date of the Agreement is 3 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a greenfields agreement between Coleman Crane Rail Pty Ltd and the Australian Workers' Union (AWU). The dispute was brought before the Fair Work Commission (FWC), which was required to assess the fairness and effectiveness of the proposed agreement. The FWC's decision to approve or reject the agreement was pivotal in determining the terms under which the parties would operate.

The legal issues at the centre of the case involved the assessment of the proposed agreement's compliance with the Fair Work Act 2009, particularly sections relating to the agreement's coverage, its terms and conditions, and its overall fairness and effectiveness. The FWC had to consider whether the agreement was genuinely negotiated and if it provided for a fair and effective means of resolving disputes between the employer and the employees.

The FWC determined that the agreement was genuinely negotiated and met the requirements of the Act. The Commission found that the agreement contained terms that were fair and effective, providing for a reasonable balance between the parties' interests. The FWC highlighted the agreement's provisions on dispute resolution, redundancy, and other key employment conditions as contributing to its overall fairness. Consequently, the FWC approved the Coleman Crane Rail Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

The FWC's final orders approved the agreement, subject to its conditions and provisions, and mandated that it would be binding on the parties from the date of approval. This decision set the terms and conditions under which Coleman Crane Rail Pty Ltd and the AWU would operate, establishing a framework for future industrial relations within the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established