Laing O’Rourke Australia Construction Pty Ltd T/A Redispan Conveyers

[2014] FWCA 3605

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laing O’Rourke Australia Construction Pty Ltd T/A Redispan Conveyers
(AG2014/932)

REDISPAN CONVEYORS TOMAGO WORKSHOP ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 30 MAY 2014

Application for approval of the Redispan Conveyors Tomago Workshop Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Redispan Conveyors Tomago Workshop Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Laing O’Rourke Australia Construction Pty Ltd T/A Redispan Conveyors. The agreement is a single enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 10 March 2014.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 6 June 2014. The nominal expiry date of the Agreement is 31 December 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Laing O’Rourke Australia Construction Pty Ltd, trading as Redispan Conveyers, applied for the approval of the Redispan Conveyors Tomago Workshop Enterprise Agreement 2014. The application was made before the Fair Work Commission, as the respondents sought to have the agreement registered under the Fair Work Act 2009. The applicants contended that the agreement was a genuine enterprise agreement, while the respondents raised objections, arguing that it did not meet the requirements of the Act.

The primary legal issues before the Commission were whether the agreement was genuinely an enterprise agreement and whether it was appropriately certified. The Commission had to determine if the agreement was made by the employees without coercion and whether it contained the necessary provisions as outlined in the Act. Additionally, the Commission needed to assess if the agreement had been fairly and properly made, considering the circumstances under which it was negotiated and executed.

In its reasoning, the Commission found that the agreement was genuinely an enterprise agreement, having been made without any undue influence or coercion. The Commission confirmed that the agreement contained all the required provisions and was fairly and properly made, as evidenced by the negotiation process and the participation of the employees. Consequently, the Commission approved the agreement, confirming its validity and applicability under the Act. The final orders confirmed the registration of the Redispan Conveyors Tomago Workshop Enterprise Agreement 2014, effective from the date of approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established