Complete Cable Jointing Australia Pty Ltd

[2014] FWCA 8383

FAIR WORK COMMISSION

DECISION

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

Complete Cable Jointing Australia Pty Ltd
(AG2014/8200)

COMPLETE CABLE JOINTING AUSTRALIA PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 NOVEMBER 2014

Application for approval of the Complete Cable Jointing Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Complete Cable Jointing Australia 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 Complete Cable Jointing Australia 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 24 November 2014 and, in accordance with s.54, will operate from 1 December 2014. The nominal expiry date of the Agreement is 1 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Complete Cable Jointing Australia Pty Ltd, applied for approval of an enterprise agreement under section 179 of the Fair Work Act 2009. The dispute involved the proposed Complete Cable Jointing Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The Fair Work Commission heard and determined the application, with the decision being made by Commissioner J. C. Walsh and Member C. J. O'Keefe. The applicant sought approval of the proposed agreement, which was to be in place for a period of four years. The applicant argued that the agreement met the requirements of the Fair Work Act and provided for the fair and equitable resolution of workplace issues.

The central legal issue before the Commission was whether the proposed agreement complied with the provisions of the Fair Work Act. The applicant argued that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and other workplace matters. The applicant also argued that the agreement provided for the fair and equitable resolution of workplace issues and promoted harmonious, productive, and cooperative workplace relations. The Commission was required to consider whether the agreement met the requirements of the Fair Work Act and whether it provided for the fair and reasonable resolution of workplace issues.

The Commission found that the proposed agreement was in compliance with the requirements of the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment and promoted harmonious, productive, and cooperative workplace relations. The Commission also found that the agreement provided for the fair and equitable resolution of workplace issues and met the requirements of the Fair Work Act. The Commission approved the proposed agreement, subject to certain minor amendments to ensure compliance with the Fair Work Act. The applicant was required to make the necessary amendments to the agreement and lodge the amended agreement with the Commission for final approval.

The Commission made orders approving the Complete Cable Jointing Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2014, subject to certain minor amendments. The applicant was required to make the necessary amendments to the agreement and lodge the amended agreement with the Commission for final approval. The Commission also ordered that the agreement be registered by the Registrar of the Fair Work Commission. The Commission's decision was final and binding, and the applicant was required to comply with the terms of the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established