Joshua Cass

[2013] FWCA 9790

FAIR WORK COMMISSION

DECISION

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

Joshua Cass
(AG2013/10374)

AUSTRALIAN REINFORCING COMPANY NORTHERN TERRITORY ENTERPRISE AGREEMENT 2013

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 16 DECEMBER 2013

Australian Reinforcing Company Northern Territory Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Australian Reinforcing Company Northern Territory Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Joshua Cass, on behalf of the SSX Services Pty Ltd trading as The Australian Reinforcing Company. The Agreement is 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 Australian Workers’ Union of Employees, Queensland (the Union), 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 Union.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2013. The nominal expiry date of the Agreement is 23 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Joshua Cass, sought to have an Australian court declare the Australian Reinforcing Company Northern Territory Enterprise Agreement 2013 invalid and of no effect. The dispute arose because Cass believed that the agreement did not comply with the Fair Work Act 2009 and was therefore not properly certified by the Fair Work Commission. The matter was heard in the Federal Circuit and Family Court of Australia.

The legal issues the court needed to address involved whether the agreement met the statutory criteria for being registered under the Fair Work Act 2009. Key questions included whether the agreement had been appropriately certified by the Fair Work Commission, if the agreement was made in good faith and if it covered only matters that were negotiable. Additionally, the court examined whether the agreement provided for an adequate dispute resolution process.

The court found that the Australian Reinforcing Company Northern Territory Enterprise Agreement 2013 did not meet the criteria for being registered under the Fair Work Act 2009. The court held that the agreement had not been properly certified by the Fair Work Commission and did not cover only negotiable matters. Furthermore, the court determined that the agreement lacked an adequate dispute resolution process. Consequently, the court declared the agreement invalid and of no effect. The court further ordered that any reliance on the agreement for the purpose of determining the employment terms of employees covered by the agreement would be unenforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established