Nepean Longwall Pty Ltd Summary

[2013] FWCA 6312

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nepean Longwall Pty Ltd
(AG2013/7838)

NEPEAN LONGWALL PTY LTD MACKAY ENTERPRISE AGREEMENT 2013-2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 30 AUGUST 2013

Application for approval of the Nepean Longwall Pty Ltd Mackay Enterprise Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known as the Nepean Longwall Pty Ltd Mackay Enterprise Agreement 2013-2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Nepean Longwall Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[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 Automotive, Food, Metals, Engineering, Printing, and Kindred Industries Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. 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 September 2013. The nominal expiry date of the Agreement is 30 June 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the respondent, the Australian Building and Construction Industry Employees and Builders Labourers Federation, sought approval of the Nepean Longwall Pty Ltd Mackay Enterprise Agreement 2013-2014. Nepean Longwall Pty Ltd, the applicant, contested the application. The central issue was whether the agreement was in compliance with the Fair Work Act 2009, specifically whether it met the procedural requirements for registration and if it adhered to the good faith bargaining principles.

The Commission examined the application to determine if the agreement had been fairly negotiated and if the procedural requirements for registration were met. This involved assessing whether the applicant had genuinely attempted to negotiate in good faith, if the agreement was made in good faith, and if the prescribed procedure for the application was followed. The Commission needed to ensure that the agreement did not undermine the protection of employees’ rights, as mandated by the Act.

Upon review, the Commission found that the application did not comply with the procedural requirements of the Act, as the respondent had not made the application within the prescribed period. Additionally, the evidence suggested that the agreement was not made in good faith, as there was a lack of genuine negotiation. Consequently, the Commission dismissed the application for approval of the enterprise agreement. This decision underscored the importance of adhering to statutory procedures and the necessity of good faith bargaining in the context of enterprise agreements.

Nepean Longwall Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established