Conair Installations Pty Ltd

[2014] FWCA 7471

FAIR WORK COMMISSION

DECISION

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

Conair Installations Pty Ltd
(AG2014/7802)

CONAIR INSTALLATIONS PTY LTD ENTERPRISE AGREEMENT 2014-2017

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 21 OCTOBER 2014

Application for approval of the Conair Installations Pty Ltd Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Conair Installations Pty Ltd Enterprise Agreement 2014 - 2017 (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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 28 October 2014. The nominal expiry date of the Agreement is 28 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Conair Installations Pty Ltd recently sought approval for their Enterprise Agreement 2014-2017, a process that required scrutiny by the Fair Work Commission. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which raised concerns about the agreement's provisions. The legal issues before the court centred on whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the bargaining process and the fairness of the terms.

The court examined whether the agreement was genuinely negotiated between the parties and whether the terms were fair and reasonable. The CFMEU argued that the bargaining process was flawed and that certain provisions of the agreement were overly favourable to the employer, potentially disadvantaging the employees. The court considered the evidence and submissions from both parties, focusing on the transparency and integrity of the bargaining process and the substantive fairness of the agreement's terms.

After thorough deliberation, the Fair Work Commission determined that the Enterprise Agreement 2014-2017 met the necessary criteria for approval. The court found that the bargaining process was genuine and that the terms of the agreement were fair and reasonable, considering the evidence presented. Consequently, the court approved the agreement, finding it compliant with the statutory requirements.

In approving the agreement, the Fair Work Commission set aside the objections raised by the CFMEU. The court's decision confirmed the validity of the Enterprise Agreement 2014-2017, which will now govern the employment conditions for the relevant workforce.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established