Solofin Pty Ltd

[2014] FWCA 1771

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Solofin Pty Ltd
(AG2014/9)

SOLOFIN PTY LTD BASE ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 MARCH 2014

Application for approval of the Solofin Pty Ltd Base Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Solofin Pty Ltd Base Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Solofin Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4]
The Agreement was approved on 14 March 2014 and, in accordance with s.54, will operate from 21 March 2014. The nominal expiry date of the Agreement is 13 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Solofin Pty Ltd applied to the Fair Work Commission for approval of the Solofin Pty Ltd Base Enterprise Agreement 2013. The application was opposed by the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred around the terms and conditions of the proposed enterprise agreement, specifically whether it met the legal requirements for approval under the Fair Work Act 2009. The Commission was required to determine if the agreement contained all the mandatory terms prescribed by the Act and whether it was made in good faith and without coercion.

The court considered whether the proposed agreement met the statutory criteria for approval, including whether it contained all mandatory terms, was made without coercion, and was in the interests of the employees it covered. The Commission examined the specific provisions of the agreement and the process by which it was negotiated and agreed upon. The CFMEU argued that the agreement did not comply with certain mandatory terms and was not made in good faith. Solofin Pty Ltd defended the agreement, asserting that it met all legal requirements and was the product of genuine bargaining.

After careful consideration of the evidence and arguments presented, the Commission found that the proposed agreement did indeed meet the statutory criteria for approval. The Commission was satisfied that all mandatory terms were included and that the agreement was made without coercion. The Commission approved the Solofin Pty Ltd Base Enterprise Agreement 2013, recognising it as a valid and legally binding agreement between the parties. The court's decision was based on a thorough analysis of the agreement's content and the process of its negotiation, affirming its compliance with the requirements of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established