CSM Electrics Pty Ltd T/A Mangrove Electrical

[2013] FWCA 5673

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSM Electrics Pty Ltd T/A Mangrove Electrical
(AG2013/7890)

MANGROVE ELECTRICAL ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 15 AUGUST 2013

Application for approval of the Mangrove Electrical Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Mangrove Electrical Roy Hill AWU Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] 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.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Fair Work Commission considered an application by CSM Electrics Pty Ltd, trading as Mangrove Electrical, to approve the Roy Hill AWU Greenfields Agreement 2013. The dispute centred on whether the agreement met the criteria set out in the Fair Work Act 2009 for being a lawful and appropriate tool for facilitating the operation of the workplace. The application was brought before the Commission by the Australian Workers Union (AWU) as a registered organisation with a sufficient interest in the agreement.

The primary legal issue for the Commission to determine was whether the agreement complied with the provisions of the Fair Work Act. Specifically, the Commission needed to assess whether the agreement covered the necessary minimum terms as stipulated in the Act, and whether it was genuinely agreed upon by the parties involved. Furthermore, the Commission had to consider if the agreement was in the best interests of the employees and whether it provided for appropriate mechanisms for resolving disputes.

After careful consideration of the submissions and evidence presented, the Commission found that the agreement met the legal requirements for approval. The Commission concluded that the agreement contained all the necessary minimum terms and was genuinely agreed upon by the parties. Additionally, the Commission determined that the agreement was in the best interests of the employees and provided for appropriate mechanisms for resolving disputes. As a result, the Commission approved the Roy Hill AWU Greenfields Agreement 2013.

The Commission's final orders were that the Roy Hill AWU Greenfields Agreement 2013 be approved, effective from the date of the decision. The approval meant that the agreement would serve as a lawful and appropriate tool for facilitating the operation of the workplace, with the terms and conditions set out therein governing the employment relationship between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established