Frankipile Australia Pty Ltd

[2013] FWCA 9421

FAIR WORK COMMISSION

DECISION

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

Frankipile Australia Pty Ltd
(AG2013/11653)

FRANKIPILE QUEENSLAND FIELD EMPLOYEES AGREEMENT 2013-2016

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 30 DECEMBER 2013

Application for approval of the Frankipile Queensland Field Employees Agreement 2013-2016.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 28 November 2013 by Frankipile Australia Pty Ltd for the approval of a single-enterprise agreement known as the Frankipile Queensland Field Employees Agreement 2013-2016 (“the 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 Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Frankipile Australia Pty Ltd applied to the Fair Work Commission for approval of the Frankipile Queensland Field Employees Agreement 2013-2016. The application was opposed by the Australian Manufacturing Workers' Union (AMWU), which objected to the agreement on the basis that it did not meet the requirements of section 231 of the Fair Work Act 2009. The AMWU contended that the agreement did not appropriately address the process for resolving disputes between employees and the employer.

The central legal issue was whether the agreement met the criteria for approval under section 231 of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for an appropriate process for resolving disputes between employees and the employer. The Commission noted that section 231(1)(c) of the Fair Work Act 2009 requires that an enterprise agreement must be approved if it "is fair and appropriate having regard to all of the circumstances of the case, including the extent to which it provides for an appropriate process for resolving disputes between employees and employers." The Commission also had to consider the requirements of the Fair Work (Registered Organisations) Act 2009, which set out the criteria for the registration of trade unions and other registered organisations.

The Commission found that the agreement did not meet the requirements of section 231 of the Fair Work Act 2009 because it did not provide for an appropriate process for resolving disputes between employees and the employer. The Commission held that the agreement did not adequately address the resolution of disputes, and that the process for resolving disputes was not appropriate. The Commission noted that the agreement provided for a process of negotiation, but that it did not provide for a process of conciliation and arbitration, which is generally considered to be an appropriate process for resolving disputes between employees and employers. The Commission also found that the agreement did not provide for the involvement of a registered organisation in the dispute resolution process, which was a further indication that the agreement did not provide for an appropriate process for resolving disputes.

The Commission refused to approve the agreement on the basis that it did not meet the requirements of section 231 of the Fair Work Act 2009. The Commission noted that the agreement did not provide for an appropriate process for resolving disputes between employees and the employer, and that the process for resolving disputes was not appropriate. The Commission also found that the agreement did not provide for the involvement of a registered organisation in the dispute resolution process, which was a further indication that the agreement did not provide for an appropriate process for resolving disputes. The Commission did not make any orders in relation to the agreement.

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