REpower Australia Pty Ltd

[2013] FWCA 10027

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

REpower Australia Pty Ltd
(AG2013/11951)

REPOWER AUSTRALIA AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 20 DECEMBER 2013

Application for approval of the REpower Australia and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the REpower Australia and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2011-2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by REpower Australia Pty Ltd. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] I am satisfied that the Construction, Forestry, Mining and Energy Union, 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.

[4] The Agreement was approved on 20 December 2013 and, in accordance with s.54, will operate from 27 December 2013. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of REpower Australia Pty Ltd, the Fair Work Commission was presented with an application for the approval of the REpower Australia and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2011-2015. The application was made by the employer, REpower Australia, on behalf of the employees covered by the agreement. The dispute arose from the need to validate the agreement's terms and conditions, which were negotiated between the employer and the Construction, Forestry, Mining and Energy Union (CFMEU). The legal issues before the court involved assessing whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made in good faith, if it contained appropriate provisions for employee protections, and if it complied with the Fair Work (Registered Organisations) Act 2009.

The court undertook a detailed examination of the agreement, considering the negotiation process and the terms proposed. It was crucial to ensure that the agreement was not only fair but also met the legislative criteria for approval. The court reviewed the evidence provided by the parties and assessed whether the agreement fairly reflected the balance of workplace rights and obligations. It was also necessary to verify that the agreement did not undermine the rights and protections afforded to employees by the Fair Work Act. Upon conclusion of its review, the court found that the agreement was made in good faith, included appropriate provisions for employee protections, and complied with the relevant statutory requirements.

Following its analysis, the court approved the REpower Australia and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2011-2015. The decision was made on the basis that the agreement was fair, met the statutory criteria, and was negotiated in good faith. The court’s approval signified that the agreement would now form the basis of the employment conditions for the workers covered by it. This ruling ensures that both the employer and the employees have a clear framework within which to operate, provided by a legally recognised enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established