Fielders Australia Pty Ltd Summary

[2013] FWCA 5883

FAIR WORK COMMISSION

DECISION

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

Fielders Australia Pty Ltd
(AG2013/8066)

FIELDERS AUSTRALIA PTY LTD WANGARA (WA) OPERATIONS ENTERPRISE AGREEMENT 2013-2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 21 AUGUST 2013

Application for approval of the Fielders Australia Pty Ltd Wangara (WA) Operations Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Fielders Australia Pty Ltd Wangara (WA) Operations Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fielders Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2013. The nominal expiry date of the Agreement is 1 July 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Fielders Australia Pty Ltd applied for the approval of the Wangara (WA) Operations Enterprise Agreement 2013-2016. The agreement was between Fielders Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The agreement pertained to the terms and conditions of employment for workers within the Wangara operations of Fielders Australia Pty Ltd in Western Australia. The dispute arose as the CFMMEU argued that certain provisions in the agreement did not meet the requirements of the Fair Work Act 2009.

The central legal issues that the Commission needed to address were whether the provisions of the agreement were consistent with the Fair Work Act, and if they met the standard for procedural fairness. Specifically, the Commission examined if the agreement provided for minimum terms and conditions, and if the process of negotiation and agreement formation was fair and reasonable.

The Fair Work Commission found that while the majority of the agreement provisions were consistent with the Act, there were several sections that did not comply with the minimum terms and conditions set out in the Fair Work Act. The Commission also determined that there were procedural shortcomings in the negotiation process, which impacted the fairness of the agreement. Consequently, the Commission did not approve the agreement in its entirety. Instead, the Commission made specific orders to amend certain provisions to meet the requirements of the Act and to ensure that the process adhered to the principles of procedural fairness.

The Fair Work Commission ordered that the agreement be amended to align with the minimum terms and conditions of the Fair Work Act. Additionally, the Commission required that the negotiation process be revisited to ensure compliance with procedural fairness. The final order mandated that Fielders Australia Pty Ltd and the CFMMEU return to the negotiating table to address the identified issues and to re-submit the revised agreement for approval.

Fielders Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established