Comlek TIC Pty Ltd

[2013] FWCA 9651

FAIR WORK COMMISSION

DECISION

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

Comlek TIC Pty Ltd
(AG2013/11387)

COMLEK TIC PTY LTD MINESITE ENTERPRISE AGREEMENT 2013

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 9 DECEMBER 2013

Application for approval of the Comlek TIC Minesite Enterprise Agreement 2013.

[1] Comlek TIC Pty Ltd applies for approval of an enterprise agreement known as the Comlek TIC Minesite Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] On 6 December 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 16 December 2013. The nominal expiry date of the Agreement is 9 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Comlek TIC Pty Ltd recently applied to the Fair Work Commission for approval of the Comlek TIC Minesite Enterprise Agreement 2013. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on the terms of the enterprise agreement, particularly those concerning the classification and remuneration of employees within the mining site. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement was genuinely negotiated, as required by the legislation. The union argued that certain terms were not the product of genuine bargaining, and hence, the agreement should not be approved. The Commission needed to assess the evidence presented by both parties to determine the validity of the negotiation process.

In examining the evidence, the Commission found that the agreement was indeed the result of genuine negotiations between the parties. The union had been involved in the discussions, and the terms were reflective of the bargaining positions of both sides. The Commission approved the agreement, acknowledging that while some terms may have been contentious, they did not invalidate the overall negotiation process. The union's objections were not sufficient to overturn the agreement's approval.

The Fair Work Commission granted approval of the Comlek TIC Minesite Enterprise Agreement 2013, dismissing the union's objections. The decision was based on the finding that the agreement was genuinely negotiated and met all legal requirements for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established