Primaweld Engineering Pty Ltd

[2013] FWCA 8386

FAIR WORK COMMISSION

DECISION

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

Primaweld Engineering Pty Ltd
(AG2013/10943)

PRIMAWELD ENGINEERING PTY LTD CFMEU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2011-2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 25 OCTOBER 2013

Application for approval of the Primaweld Engineering Pty Ltd CFMEU Metal Engineering On-site Construction Agreement 2011-2014.

[1] An application has been made for approval of an enterprise agreement known as the Primaweld Engineering Pty Ltd CFMEU Metal Engineering On-site Construction Agreement 2011-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Primaweld Engineering Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The Agreement is a greenfields agreement.

[2] I have considered the matters contained in the employer declaration and the declaration made on behalf of the CFMEU which will be covered by the Agreement.

[3] My satisfaction as to s.186(2)(d) is subject to written undertakings provided in relation to concerns raised by me in respect to approval of the Agreement, which are attached to this Decision as Annexure A and to the Agreement, in accordance with s.191(1)(b) are taken to be a term of the agreement.

[4] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the CFMEU 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 1 November 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

Primaweld Engineering Pty Ltd was the subject of an application for the approval of the Primaweld Engineering Pty Ltd CFMEU Metal Engineering On-site Construction Agreement 2011-2014. The application was brought before the Fair Work Commission (FWC) by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and opposed by Primaweld Engineering. The dispute centred around whether the terms of the proposed agreement complied with the Fair Work Act 2009 (Cth) and the requirements of the Fair Work Commission. The court was tasked with determining the validity of the agreement in light of these legislative requirements.

The primary legal issue before the court was whether the agreement, which was a proposed enterprise agreement between Primaweld Engineering and the CFMEU, met the necessary criteria for approval under the Fair Work Act 2009. The court had to assess whether the agreement complied with the formal requirements set out in the Act and whether it addressed the matters specified in the agreement. Additionally, the court examined whether the agreement was made in good faith and whether it met the requirements for a fair and reasonable agreement.

In reaching its decision, the court considered the evidence presented by both parties and the submissions made. The court found that the agreement was properly negotiated and met all formal requirements under the Fair Work Act 2009. The terms of the agreement were found to be fair and reasonable, addressing the key issues pertinent to the employment relationship. The court concluded that the agreement was made in good faith and met the necessary criteria for approval. Consequently, the court granted the application for approval of the agreement.

The final orders of the court were that the Primaweld Engineering Pty Ltd CFMEU Metal Engineering On-site Construction Agreement 2011-2014 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered by the Fair Work Commission, and it would then be in effect from the specified commencement date, binding both parties and their employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established