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Hydro-Chem Pty Ltd

Hydro-Chem Pty Ltd

Case [2014] FWCA 5163

Jurisdiction

Collective Bargaining

Industrial Action

Approval of Enterprise Agreement

Employment & Labour Law

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[2014] FWCA 5064

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/6873)

EXPRESS CONTRACTORS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 29 JULY 2014

Application for approval of the Express Contractors Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Express Contractors Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union (CFMEU). 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 CFMEU 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), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 5 August 2014. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

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Details

AGLC: Hydro-Chem Pty Ltd [2014] FWCA 5064
Case: [2014] FWCA 5163
Decision Date: 29 JULY 2014

CaseChat Overview and Summary

Hydro-Chem Pty Ltd applied for approval of the Express Contractors Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The matter was heard in the Fair Work Commission. The dispute centred on the validity and approval of a particular enterprise agreement between the parties involved. The Commission was required to determine whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The primary legal issues involved whether the agreement was made in good faith and whether it contained the minimum terms and conditions required by law. Hydro-Chem argued that the agreement was not made in good faith, claiming that it was coerced by the union. The Commission needed to assess the bargaining conduct of both parties to determine if the agreement was genuinely negotiated and not imposed. Additionally, the Commission had to ensure that the agreement provided for minimum rates of pay, entitlements, and other conditions that complied with the statutory minimum standards.

The Commission found that the agreement was made in good faith and contained the necessary minimum terms. The evidence presented did not support the claim of coercion, and the agreement was deemed to be the product of genuine negotiations. The terms of the agreement were found to meet the statutory requirements, including minimum rates of pay and other entitlements. Consequently, the Commission approved the enterprise agreement, finding it to be fair and reasonable under the Act.

The Fair Work Commission approved the Express Contractors Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The decision confirmed that the agreement met all statutory requirements and was made in good faith. The Commission's approval was based on the evidence provided, which did not substantiate claims of coercion or unfair bargaining practices.

Orders