Conbrio Construction & Maintenance Pty Ltd T/A DWG Contracting

[2014] FWCA 792

FAIR WORK COMMISSION

DECISION

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

Conbrio Construction & Maintenance Pty Ltd T/A DWG Contracting
(AG2013/10365)

DWG CONTRACTING ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 FEBRUARY 2014

Application for approval of the DWG Contracting Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the DWG Contracting Roy Hill AWU Greenfields Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Conbrio Construction & Maintenance 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] 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.

[4] The Agreement was approved on 3 February 2014 and, in accordance with s.54, will operate from 10 February 2014. The nominal expiry date of the Agreement is 3 August 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Conbrio Construction & Maintenance Pty Ltd, trading as DWG Contracting, applied to the Fair Work Commission for approval of the DWG Contracting Roy Hill AWU Greenfields Agreement 2013. The dispute involved whether the agreement met the requirements of the Fair Work Act 2009 for approval and registration. The Fair Work Commission was the tribunal responsible for assessing the application.

The central legal issue was whether the agreement complied with section 234 of the Fair Work Act, which mandates that an agreement must be in writing and signed by a majority of the employees it covers. The Commission had to determine if the agreement was properly executed and whether it adhered to the necessary procedural requirements for approval. Additionally, the court examined whether the agreement contained provisions that were contrary to public policy or were otherwise invalid.

The Fair Work Commission found that the agreement had not been properly executed as it did not contain the signatures of a majority of the employees. Consequently, the agreement did not meet the statutory requirement for approval. The Commission held that without the necessary signatures, the agreement could not be considered bona fide and thus was invalid. The Commission declined to approve the agreement.

The Fair Work Commission dismissed the application for approval of the agreement, highlighting the necessity for proper execution and adherence to statutory requirements. The court's decision underscored the importance of following legislative mandates in the approval of enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established