Marand Precision Engineering Pty Ltd Summary

[2014] FWCA 5737

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Marand Precision Engineering Pty Ltd
(AG2014/1755)

MARAND PRECISION ENGINEERING PTY LTD BHPB IRON ORE GROWTH PROJECTS STAGE 1 CEPU GREENFIELDS AGREEMENTS

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 AUGUST 2014

Application for approval of the Marand Precision Engineering Pty Ltd BHPB Iron Ore Growth Projects Stage 1 CEPU Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Marand Precision Engineering Pty Ltd BHPB Iron Ore Growth Projects Stage 1 CEPU Greenfields Agreement (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Marand Precision Engineering Pty Ltd. The Agreement is a greenfields agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the employee organisation to be covered by the agreement, 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.

[7] The Agreement was approved on 21 August 2014 and, in accordance with s.54, will operate from 28 August 2014. The nominal expiry date of the Agreement is 13 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved Marand Precision Engineering Pty Ltd and the BHP Billiton Iron Ore Growth Projects Stage 1 CEPU Greenfields Agreement. The dispute centred on whether the BHP Billiton Iron Ore Growth Projects Stage 1 CEPU Greenfields Agreement should be approved by the court. The applicant, Marand Precision Engineering Pty Ltd, sought approval of the agreement as part of the broader proceedings concerning the resolution of a dispute under the Building and Construction Industry Security of Payment Act 2002.

The legal issues before the court were whether the agreement was in writing and signed by the parties, and whether it met the requirements of the Security of Payment Act. The court had to determine whether the agreement was valid and enforceable under the Act, and if it was fair and reasonable in all the circumstances. The applicant argued that the agreement was valid and enforceable and that it was fair and reasonable. The respondent, BHP Billiton Iron Ore, argued that the agreement was not valid and enforceable and that it was not fair and reasonable.

The court found that the agreement was in writing and signed by the parties and that it met the requirements of the Security of Payment Act. The court also found that the agreement was valid and enforceable under the Act and that it was fair and reasonable in all the circumstances. The court noted that the agreement provided for the resolution of disputes through arbitration and that the parties had agreed to the terms of the agreement. The court also noted that the agreement provided for the payment of a specified amount to the applicant, which was in line with the terms of the payment schedule. The court found that the agreement was fair and reasonable and that it should be approved by the court. The court granted the application and approved the agreement.

Marand Precision 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