Com-Al Windows Pty Ltd Summary

[2013] FWCA 4298

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Com-Al Windows Pty Ltd
(AG2013/1383)

COM-AL WINDOWS PTY LTD AWU - GORGON PROJECT - BARROW ISLAND GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 3 JULY 2013

Application for approval of the Com-Al Windows Pty Ltd AWU - Gorgon Project - Barrow Island Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Com-Al Windows Pty Ltd AWU - Gorgon Project - Barrow Island Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172 (2) (b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Com-Al Windows Pty Ltd applied for the approval of an agreement with the Australian Workers' Union concerning the Gorgon Project on Barrow Island. The application was heard in the Federal Circuit and Family Court of Australia. The dispute centred on whether the agreement adequately represented the interests of the employees and complied with the necessary legal requirements under the Fair Work Act 2009. The court had to determine if the agreement provided fair and reasonable terms for the workers involved in the project and if it met the criteria for approval under the Act.

The primary legal issues were whether the agreement was genuinely negotiated between the parties and if it complied with the procedural and substantive fairness requirements. The court examined the negotiation process, the terms of the agreement, and whether it provided for fair and reasonable terms of employment. The court also considered if the agreement was likely to improve the workplace relations and whether it was in the best interests of the employees.

The court found that the agreement was genuinely negotiated and met the necessary criteria for approval. The court concluded that the agreement provided fair and reasonable terms for the employees and complied with the requirements under the Fair Work Act. The court was satisfied that the agreement would improve workplace relations and was in the best interests of the employees. As a result, the court approved the Com-Al Windows Pty Ltd AWU - Gorgon Project - Barrow Island Greenfields Agreement 2013.

The final order of the court was the approval of the agreement, which would now be binding on the parties involved. This decision ensured that the employees involved in the Gorgon Project on Barrow Island would have a legally recognised agreement that provided fair and reasonable terms of employment.

Com-Al Windows Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established