Mariette Pty Ltd

[2013] FWCA 337

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mariette Pty Ltd
(AG2012/8643)

CALTEX LAKE ROAD COLLECTIVE ENTERPRISE AGREEMENT

Vehicle industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 16 JANUARY 2013

Application for approval of the Caltex Lake Road Collective Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Caltex Lake Road Collective Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mariette Pty Ltd was the applicant in this case, which was heard by the Fair Work Commission. The dispute involved the approval of the Caltex Lake Road Collective Enterprise Agreement. The applicant sought to have the agreement, which was negotiated with the relevant union, approved under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement complied with the provisions of the Act, particularly in relation to procedural fairness and the requirement for the agreement to be in the best interests of the employees.

The Commission carefully examined the negotiation process and the contents of the agreement. It considered whether the applicant had adequately demonstrated that the agreement was negotiated in good faith and whether the union had genuinely represented the employees. The Commission also assessed whether the agreement was fair and reasonable in terms of its provisions and the benefits it provided to the employees. The applicant provided evidence of the negotiation process and the benefits of the agreement, while the union supported the agreement as being in the best interests of its members.

The Commission concluded that the agreement was negotiated in good faith and that the union had genuinely represented the employees. It found that the agreement was fair and reasonable, providing appropriate benefits to the employees. The Commission approved the agreement, noting that it met the requirements of the Act. The applicant's application was thus successful.

The Commission made an order approving the Caltex Lake Road Collective Enterprise Agreement. The agreement was to be registered with the Fair Work Commission and would be in effect for the specified period. The order also included provisions for the review and potential amendment of the agreement in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established