Hire Services Pty Ltd; Briagolong Engineering Pty Ltd Summary

[2013] FWCA 4927

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hire Services Pty Ltd; Briagolong Engineering Pty Ltd
(AG2013/7264)

HIRE SERVICES PTY LTD AND BRIAGOLONG ENGINEERING PTY LTD WEST WERRIBEE DUAL WATER SUPPLY SCHEME EMPLOYEE COLLECTIVE AGREEMENT FOR SITE WORKERS 2013-2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 22 JULY 2013

Application for approval of the Hire Services Pty Ltd and Briagolong Engineering Pty Ltd West Werribee Dual Water Supply Scheme Employee Collective Agreement for Site Workers 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Hire Services Pty Ltd and Briagolong Engineering Pty Ltd West Werribee Dual Water Supply Scheme Employee Collective Agreement for Site Workers 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hire Services Pty Ltd and Briagolong Engineering Pty Ltd. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 19 July 2013 and, in accordance with s.54, will operate from 26 July 2013. The nominal expiry date of the Agreement is 21 October 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Hire Services Pty Ltd and Briagolong Engineering Pty Ltd, sought approval of the Employee Collective Agreement for Site Workers 2013-2015 (the "Agreement") from the Fair Work Commission. The applicants, as employers, and the unions, as representatives of the employees, had entered into the Agreement in good faith and without any duress or coercion. The dispute before the Commission was whether the Agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the Agreement contained all the necessary provisions and satisfied the statutory requirements for a collective agreement under the Fair Work Act. Specifically, the Commission had to consider whether the Agreement was in writing, covered employees and employers within the scope of the agreement, contained all the mandatory terms and conditions of employment, and was free from any unfair content. The Commission also had to determine whether the Agreement had been made in good faith and without any duress or coercion.

The Commission found that the Agreement contained all the necessary provisions and satisfied the statutory requirements for a collective agreement under the Fair Work Act. The Agreement was in writing and covered employees and employers within the scope of the agreement. The Agreement contained all the mandatory terms and conditions of employment and was free from any unfair content. The Commission was satisfied that the Agreement had been made in good faith and without any duress or coercion. The Commission approved the Agreement and registered it under the Fair Work Act.

The Fair Work Commission approved the Employee Collective Agreement for Site Workers 2013-2015 and registered it under the Fair Work Act. The applicants were directed to give a copy of the registered Agreement to the unions and to ensure that it was brought to the attention of all employees covered by the Agreement. The Commission also directed that the Agreement would remain in force until the end of the agreed period or until it was varied or replaced by a new agreement.

Hire Services Pty Ltd; Briagolong Engineering Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established