South Coast Equipment Pty Limited

[2022] FWCA 2315

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

South Coast Equipment Pty Limited

(AG2022/2196)

South Coast Equipment Pty. Ltd Plant Operator CFMEU Enterprise Agreement 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT EASTON	SYDNEY, 12 JULY 2022

Application for approval of the South Coast Equipment Pty. Ltd Plant Operator CFMEU Enterprise Agreement 2021.

South Coast Equipment Pty Limited (the Employer) has made an application for the approval of the South Coast Equipment Pty. Ltd Plant Operator CFMEU Enterprise Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) was a bargaining representative for the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the CFMMEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2022. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

South Coast Equipment Pty Limited is before the Fair Work Commission in an application for the approval of a new enterprise agreement between the company and the Construction, Forestry, Maritime, Mining and Energy Union. The agreement pertains to plant operators at the company's facilities and was negotiated under the Fair Work Act 2009. The primary legal issue the court had to resolve was whether the agreement met the statutory requirements for approval under the Act. This included assessing if the agreement was made in good faith and whether it complied with the procedural fairness requirements set out in the legislation.

The Fair Work Commission examined several factors to determine if the agreement was fairly negotiated. These included the process of negotiations, the participation of the parties, and the provision of relevant information. The court also considered whether the agreement contained all mandatory terms and conditions, including minimum rates of pay, maximum weekly hours, and other employment standards. Additionally, the Commission evaluated whether the agreement was reasonably likely to have a positive impact on productivity, efficiency, and profitability without disadvantaging employees. The court found that the agreement satisfied all legal criteria for approval, noting the structured negotiation process and the inclusion of all necessary terms.

In conclusion, the Fair Work Commission approved the South Coast Equipment Pty Limited Plant Operator CFMEU Enterprise Agreement 2021, determining it was fairly negotiated and met all legislative requirements. The court highlighted the thoroughness of the negotiation process and the comprehensive nature of the agreement. The approval ensures that the terms and conditions of employment for plant operators are adequately regulated and that both parties' interests are protected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established