Corellian Pty Ltd

[2014] FWCA 843

FAIR WORK COMMISSION

DECISION

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

Corellian Pty Ltd
(AG2013/12090)

CORELLIAN PTY LTD ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 4 FEBRUARY 2014

Application for approval of the Corellian Pty Ltd Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Corellian Pty Ltd Enterprise Agreement 2013 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Corellian Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 4 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Corellian Pty Ltd recently had its Enterprise Agreement 2013 - 2017 before the Fair Work Commission. The application for approval was brought by the company, with the Construction, Forestry, Maritime, Mining and Energy Union as the respondent. The crux of the dispute was whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of ensuring the agreement facilitated the efficient operation of the business while also addressing the rights and interests of employees fairly. The court was tasked with determining if the agreement provided for a fair and efficient workplace and whether it contained the necessary provisions for good faith bargaining.

The legal issues before the court included whether the agreement sufficiently provided for the efficient operation of the business and whether it allowed for the fair treatment of employees. The court had to scrutinise the provisions of the agreement to ensure they were not only in line with the Fair Work Act but also practical and fair for all parties involved. This involved examining the balance between the operational needs of the company and the rights of the employees, including matters such as working hours, wages, and dispute resolution mechanisms.

After a detailed review, the Fair Work Commission concluded that the agreement largely met the statutory requirements. It found that the provisions were fair and facilitated efficient business operations while protecting the rights of employees. The commission approved the agreement, noting that it was a product of good faith bargaining and provided a balanced approach to the needs of both the employer and the employees. The decision underscored the importance of ensuring that enterprise agreements are both practical and fair, striking an appropriate balance between business efficiency and employee rights.

The Fair Work Commission approved the Enterprise Agreement 2013 - 2017, confirming its compliance with the Fair Work Act and its fairness to both parties. This decision provides a useful reference for future agreements in the sector, highlighting the importance of achieving a balance between operational efficiency and employee rights.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established