Spiecapag Australia Pty Ltd Summary

[2017] FWCA 6541

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Spiecapag Australia Pty Ltd

(AG2017/4306)

Spiecapag Australia Pty Ltd Queensland Northern Gas Pipeline Enterprise Agreement 2017

Building, metal and civil construction industries
Commissioner Saunders	NEWCASTLE, 7 DECEMBER 2017

Application for approval of the Spiecapag Australia Pty Ltd Queensland Northern Gas Pipeline Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Spiecapag Australia Pty Ltd Queensland Northern Gas Pipeline Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Spiecapag Australia Pty Ltd. 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Spiecapag Australia Pty Ltd applied for the approval of the Queensland Northern Gas Pipeline Enterprise Agreement 2017 under section 186 of the Fair Work Act 2009. The applicant, a company involved in the gas transmission business, sought to have the agreement, which was made with its employees, formally registered by the Fair Work Commission. The application arose as the agreement had been entered into between the parties but had not yet been approved and registered by the Fair Work Commission, which is necessary for its enforcement.

The primary legal issue before the Fair Work Commission was whether the agreement met the criteria for approval under section 187 of the Fair Work Act 2009. This included determining if the agreement provided for fair and reasonable terms and conditions, and if it had been made in good faith. Additionally, the Commission needed to assess whether the agreement had been negotiated in accordance with the procedures outlined in the Act, and if it covered all the necessary matters required by the legislation.

The Fair Work Commission found that the agreement provided for fair and reasonable terms and conditions for the employees, and was made in good faith. The Commission also determined that the agreement had been negotiated in accordance with the procedures set out in the Fair Work Act 2009. Furthermore, the Commission was satisfied that the agreement covered all the necessary matters required by the legislation. As a result, the Fair Work Commission approved the Queensland Northern Gas Pipeline Enterprise Agreement 2017, and it was registered under section 186 of the Fair Work Act 2009.

Spiecapag Australia Pty Ltd

CaseChat Overview and Summary

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Background to the litigation

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