Kelpage Holdings Pty Ltd T/A Safeguard Hire

[2014] FWCA 2934

FAIR WORK COMMISSION

DECISION

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

Kelpage Holdings Pty Ltd T/A Safeguard Hire
(AG2014/4129)

SAFEGUARD HIRE & CFMEU MECHANICAL POWER INDUSTRY ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 5 MAY 2014

Application for approval of the Safeguard Hire & CFMEU Mechanical Power Industry Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Safeguard Hire & CFMEU Mechanical Power Industry Enterprise Agreement 2012 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Kelpage Holdings Pty Ltd T/A Safeguard Hire. The Agreement is a greenfields agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In particular, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Kelpage Holdings Pty Ltd T/A Safeguard Hire. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision as Attachment A.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 May 2014. The nominal expiry date of the Agreement is 31 March 2016.

DEPUTY PRESIDENT

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Kelpage Holdings Pty Ltd, trading as Safeguard Hire, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute arose from an application for the approval of the Safeguard Hire and CFMEU Mechanical Power Industry Enterprise Agreement 2012. The matter was heard in the Fair Work Commission. The central legal issues before the court were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including whether it met the minimum terms and conditions stipulated by the Act, and whether the agreement was made in good faith and without coercion.

The Commission examined the agreement in detail, considering the bargaining positions of the parties, the negotiation process, and the terms of the agreement. It determined that the agreement did indeed meet the statutory minimum standards and was made in good faith. The Commission noted that the agreement was the result of extensive negotiations between the parties and did not evidence any unfair practices or lack of genuine bargaining. The Commission was satisfied that the agreement provided for terms and conditions that were not less favourable than the applicable awards and that the process of arriving at the agreement was fair and transparent.

Consequently, the Commission approved the Safeguard Hire and CFMEU Mechanical Power Industry Enterprise Agreement 2012. The decision underscored the importance of ensuring that enterprise agreements not only comply with the statutory requirements but also reflect the principles of fair and genuine bargaining. The approval of the agreement provided clarity and certainty for the employees and employer, setting the terms and conditions of employment for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established