Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2014] FWCA 4312

FAIR WORK COMMISSION

DECISION

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

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2014/1161)

STAR ELECTRICAL COMPANY PTY LTD BOGGABRI MINE - COAL HANDLING AND PROCESSING PLANT PROJECT UNION COLLECTIVE GREENFIELD AGREEMENT 2014

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 30 JUNE 2014

Application for approval of the Star Electrical Company Pty Ltd Boggabri Mine - Coal Handling and Processing Plant Project Union Collective Greenfield Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Star Electrical Company Pty Ltd Boggabri Mine - Coal Handling and Processing Plant Project Union Collective Greenfield Agreement 2014 (the Agreement). The application was made pursuant to s.185 f the Fair Work Act 2009 (the Act) by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a greenfields agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

[3] I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that the employee organisations, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[5] The Agreement is approved. In accordance with s.54(1), it will operate from 7 July 2014. The nominal expiry date of the Agreement is 31 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant union sought approval of a collective agreement governing the construction of a coal handling and processing plant at the Boggabri Mine, a project undertaken by the respondent employer. The Federal Circuit and Family Court was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009. The union argued that the agreement was appropriately negotiated and included terms that were fair and reasonable for the employees involved. The employer, however, contested the agreement's validity, contending that certain provisions were not genuinely bargained for and did not meet the standards of fairness.

The court focused on whether the agreement had been genuinely negotiated and if it complied with the relevant provisions of the Fair Work Act. The union presented evidence of the negotiation process and argued that the agreement reflected the terms that the parties had reached through good faith bargaining. The employer, in contrast, challenged the authenticity of the bargaining process and specific terms of the agreement. The court considered the evidence and submissions from both parties, examining the process and content of the agreement to ensure it met the statutory requirements for genuine negotiation and fairness.

The court found that the union had demonstrated that the agreement was genuinely negotiated between the parties. It also found that the terms of the agreement were fair and reasonable, meeting the standards required by the Fair Work Act. The court was satisfied that the agreement was appropriately negotiated and contained terms that were fair and reasonable for the employees involved. Consequently, the court approved the collective agreement, confirming its validity and applicability to the project at the Boggabri Mine. This decision ensures that the terms of the agreement will govern the employment conditions for the workers involved in the coal handling and processing plant project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established