Slaney Welding Pty Ltd

[2013] FWCA 2605

FAIR WORK COMMISSION

DECISION

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

Slaney Welding Pty Ltd
(AG2013/978)

SLANEY WELDING PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 29 APRIL 2013

Application for approval of the Slaney Welding Pty Ltd Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 23 April 2013 by Slaney Welding Pty Ltd for the approval of a single-enterprise agreement known as the Slaney Welding Pty Ltd Enterprise Agreement 2013 (“the 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 will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Slaney Welding Pty Ltd is the applicant in a proceeding brought before the Fair Work Commission, seeking approval of an enterprise agreement. The respondent, the Australian Manufacturing Workers' Union, objects to the approval of the agreement, arguing it contains terms that are contrary to public policy and therefore unenforceable. The case involves scrutiny of specific provisions within the agreement that are contested, specifically those related to the definition of "employee" and the impact on the right to take industrial action.

The central legal issue before the Commission was whether the terms of the enterprise agreement contravene public policy by unduly restricting the right to take industrial action. The Commission had to determine if the agreement's definition of "employee" effectively excluded certain workers from participating in industrial activities, which could be seen as contrary to the principles enshrined in the Fair Work Act 2009. This required an interpretation of the Act and an examination of how the agreement's provisions align with the overarching legislative intent to protect workers' rights.

The Fair Work Commission found that the definition of "employee" in the agreement did not exclude workers from the right to take industrial action. The Commission held that the definition was consistent with the Act and did not contravene public policy. The contested terms were deemed to be procedural rather than substantive, and therefore, did not impact the fundamental rights of employees to engage in protected industrial action. Consequently, the application for approval of the enterprise agreement was upheld.

The Fair Work Commission approved the Slaney Welding Pty Ltd Enterprise Agreement 2013, dismissing the respondent's objections. The agreement is now to be registered under the Fair Work Act 2009, becoming a legally binding contract 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