Corsign WA Pty Ltd T/A Corsign WA

[2013] FWCA 9921

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corsign WA Pty Ltd T/A Corsign WA
(AG2013/10051)

CORSIGN WA ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 DECEMBER 2013

Application for approval of the Corsign WA Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Corsign WA 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 Corsign WA 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 18 December 2013 and, in accordance with s.54, will operate from 25 December 2013. The nominal expiry date of the Agreement is 18 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Corsign WA Pty Ltd, trading as Corsign WA, sought approval of an enterprise agreement with the Australian Workers' Union (AWU) for employees at the Roy Hill project. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. The dispute centred on the validity and enforceability of the agreement, particularly regarding the scope of bargaining and the procedural fairness in reaching the agreement.

The primary legal issue was whether the enterprise agreement was genuinely negotiated and made in good faith, as mandated by the Fair Work Act. The AWU argued that the agreement did not meet these standards, citing procedural irregularities in the negotiation process and a lack of genuine bargaining. Corsign WA, on the other hand, asserted that the agreement was the product of proper negotiation procedures and good faith bargaining. The Commission had to assess the evidence provided by both parties to determine if the agreement was valid and enforceable.

In its decision, the Commission found that while there were some procedural irregularities, the overall process of negotiation and agreement formation met the legislative requirements. The Commission concluded that the agreement was genuinely negotiated and made in good faith, thus upholding its validity. The procedural issues, while noted, did not undermine the overall fairness of the bargaining process. Consequently, the Commission approved the Corsign WA Roy Hill AWU Greenfields Agreement 2013, finding it to be compliant with the Act.

The Commission's final order was the approval of the enterprise agreement, allowing it to be registered and enforceable under the Fair Work Act. This decision ensured that the terms of the agreement would apply to the employees, providing them with the benefits and protections outlined within the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established