Flinders Operating Services Pty Ltd Summary

[2014] FWCA 8442

FAIR WORK COMMISSION

DECISION

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

Flinders Operating Services Pty Ltd
(AG2014/8166)

FLINDERS OPERATING SERVICES PTY LTD LEIGH CREEK ENTERPRISE AGREEMENT 2014

Electrical power industry
DEPUTY PRESIDENT BARTEL	Adelaide, 25 NOVEMBER 2014

[1] An application for approval of an enterprise agreement known as the Flinders Operating Services Pty Ltd Leigh Creek Enterprise Agreement 2014 (the Agreement) has been made by Flinders Operating Services Pty Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for 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 Construction, Forestry, Mining and Energy Union (the CFMEU), the Australian Municipal, Administrative, Clerical and Services Union (the ASU), the Association of Professional Engineers, Scientists and Managers Australia (APESMA) and the Transport Workers’ Union of Australia (the TWU), being bargaining representatives for the Agreement, has each given notice pursuant to s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the CFMEU, the ASU, APESMA and the TWU.

[4] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 2 December 2014. The nominal expiry date of the Agreement is 1 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Flinders Operating Services Pty Ltd, the employer made an application for approval of an enterprise agreement known as the Flinders Operating Services Pty Ltd Leigh Creek Enterprise Agreement 2014. The application was brought under section 185 of the Fair Work Act 2009 and sought approval for a single-enterprise agreement. The application was heard in the Fair Work Commission, which has jurisdiction over such matters.

The legal issues before the court centred on whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This included an assessment of whether the agreement complied with the mandatory provisions set out in the Act, such as minimum wages and conditions, and whether the agreement had been made in good faith and without coercion. Additionally, the court needed to determine if the agreement adequately represented the employees' interests and if it provided for the resolution of disputes between the employer and employees.

The court examined the provisions of the proposed agreement and considered the submissions made by both the employer and the employees' representatives. The court found that the agreement contained all the mandatory minimum terms and conditions required by the Act, and it was made without coercion. The court also determined that the agreement appropriately represented the employees' interests and provided for the resolution of disputes through a fair and efficient process. Consequently, the court approved the agreement, finding it to be in accordance with the requirements of the Fair Work Act 2009.

The final orders of the court were that the Flinders Operating Services Pty Ltd Leigh Creek Enterprise Agreement 2014 be approved and registered as a single-enterprise agreement under section 185 of the Fair Work Act 2009. This decision provided legal certainty for both the employer and employees, establishing the terms and conditions of employment for the workforce within the enterprise.

Flinders Operating Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established