Selkirk Brick Pty Ltd

[2014] FWCA 5221

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Selkirk Brick Pty Ltd
(AG2014/6654)

SELKIRK BRICK COLLECTIVE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 1 AUGUST 2014

Application for approval of the Selkirk Brick Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Selkirk Brick Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Selkirk Bricks Pty Ltd. The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(2) of the Act and are appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I have sought the views of the AWU with respect to these undertakings and the AWU advises it agrees with the undertakings provided.

[4] Those undertakings refer to commercially confidential wage rates. The employer has filed the wage rates in the Commission and has requested that the wage rates not be published.

[5] Subject to those undertakings, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[6] The Construction, Forestry, Mining and Energy Union (CFMEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the CFMEU.

[7] The Agreement is approved and, in accordance with s.54(1), will operate from 8 August 2014. The nominal expiry date of the Agreement is 12 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

In this case, the Fair Work Commission was tasked with approving the Selkirk Brick Collective Agreement 2014. The applicant, Selkirk Brick Pty Ltd, sought the approval, and the respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), contested the application on various grounds. The legal issues central to this dispute revolved around whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. Specifically, the CFMMEU argued that the agreement failed to comply with certain provisions of the Act, including provisions concerning minimum wages, conditions, and procedural fairness. The Commission had to determine if the agreement was genuinely negotiated and if it provided for fair terms and conditions of employment.

The Commission's reasoning focused on examining the procedural fairness of the negotiation process and whether the terms of the agreement were fair and reasonable. It considered the nature of the bargaining process, the evidence presented by both parties, and whether the agreement met the statutory requirements. The Commission noted that the applicant had demonstrated that the agreement was the product of genuine collective bargaining, with evidence of a robust negotiation process. Furthermore, the Commission found that the terms of the agreement were fair and reasonable, providing for appropriate wages and conditions that balanced the interests of both employers and employees. The evidence indicated that the agreement was negotiated in good faith and met the criteria for approval.

Consequently, the Fair Work Commission approved the Selkirk Brick Collective Agreement 2014, finding it to be genuinely negotiated and meeting the statutory requirements. The respondent's objections were dismissed, and the agreement was approved as a registered agreement. The Commission's decision underscored the importance of genuine collective bargaining and the statutory criteria for approving such agreements. The final orders of the Commission mandated the registration of the agreement, thereby rendering it legally enforceable between the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established