Haywards Steel and Construction Summary

[2013] FWCA 1411

FAIR WORK COMMISSION

DECISION

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

Haywards Steel and Construction
(AG2013/5290)

ACN 009 483 694 PTY LTD TRADING AS HAYWARDS STEEL FABRICATION AND CONSTRUCTION (KESTREL MINE) ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 8 MARCH 2013

Application for approval of the ACN 009 483 694 Pty Ltd trading as Haywards Steel Fabrication and Construction (Kestrel Mine) Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 28 February 2013 by Haywards Steel and Construction for the approval of a single-enterprise agreement known as the ACN 009 483 694 Pty Ltd trading as Haywards Steel Fabrication and Construction (Kestrel Mine) Enterprise Agreement 2013 (“the Agreement”).

[2] On 7 March 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, 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 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

CaseChat Overview and Summary

The applicants, ACN 009 483 694 Pty Ltd trading as Haywards Steel Fabrication and Construction, sought approval of the Kestrel Mine Enterprise Agreement 2013. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application. The dispute came before the Fair Work Commission. The primary issue before the court was whether the agreement was in the interests of the employees and if it met the requirements of the Fair Work Act 2009. The court had to consider the balance of the agreement, the fairness of the terms, and the process by which the agreement was reached.

The court examined the process of bargaining and whether it was genuine and in good faith. The agreement was formed through a series of meetings and negotiations between the parties. The court found that the process was genuine and in good faith, as there was no evidence of coercion or undue influence. The court also assessed the balance of the agreement and the fairness of the terms. It concluded that the agreement provided reasonable terms and conditions for the employees, considering the economic context and the needs of the business.

In granting the approval, the court emphasised the importance of the agreement in providing stability and certainty for both the employees and the employer. The court considered the agreement to be fair and reasonable, and in the best interests of the employees. The court approved the application, allowing the enterprise agreement to proceed. The final orders reflected the court's decision, granting the approval of the Kestrel Mine Enterprise Agreement 2013.

Haywards Steel and Construction

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established