Croydon Site Installations Pty Ltd

[2013] FWCA 6367

FAIR WORK COMMISSION

DECISION

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

Croydon Site Installations Pty Ltd
(AG2013/2514)

CROYDON SITE INSTALLATIONS PTY LTD AMWU ON-SITE CONSTRUCTION HVAC WORKERS COLLECTIVE AGREEMENT FOR NSW AND ACT 2013-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 6 SEPTEMBER 2013

Application for approval of the Croydon Site Installations Pty Ltd AMWU On-Site Construction HVAC Workers Collective Agreement for NSW and ACT 2013 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the Croydon Site Croydon Site Installations Pty Ltd AMWU On-Site Construction HVAC Workers Collective Agreement for NSW and ACT 2013-2014 (the Agreement). The application was made by Croydon Site Installations Pty Ltd 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 ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers Union and the Construction, Forestry, Mining and Energy Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wants the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 13 September 2013. The nominal expiry date of the Agreement is 31 October 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Australian Manufacturing Workers' Union (AMWU) for the approval of a collective agreement. The agreement in question was the Croydon Site Installations Pty Ltd AMWU On-Site Construction HVAC Workers Collective Agreement for NSW and ACT 2013-2014. The application was heard by the Fair Work Commission, an independent statutory body responsible for resolving workplace disputes. The primary issue before the commission was whether the proposed agreement met the statutory requirements for approval, including whether it complied with the Fair Work Act 2009.

The commission examined whether the agreement had been made in good faith and whether it contained terms that were not adverse to the employees. It also considered whether the agreement was in the best interests of the employees and whether it was consistent with the objects of the Fair Work Act. The AMWU argued that the agreement was fair and reasonable, reflecting the needs and interests of the employees. The commission found that the agreement had been made in good faith and contained terms that were not adverse to the employees. It further found that the agreement was in the best interests of the employees and consistent with the objects of the Fair Work Act.

The commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The commission also noted that the agreement provided for a fair and transparent process for resolving disputes between the employees and the employer. The final orders of the commission were that the agreement be approved as a registered agreement under the Fair Work Act, effective from the date of the commission's decision. The parties were directed to take all necessary steps to give effect to the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established