Swire Industrial Services

[2013] FWCA 5450

FAIR WORK COMMISSION

DECISION

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

Swire Industrial Services
(AG2013/1810)

SWIRE INDUSTRIAL SERVICES PORT KEMBLA AGREEMENT 2013-2014

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 8 AUGUST 2013

Application for approval of the Swire Industrial Services Port Kembla Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known as the Swire Industrial Services Port Kembla Agreement 2013-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) .The agreement is a single-enterprise agreement.

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

[3] The Construction, Forestry, Mining and Energy Union, 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 organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 15 August 2013. The nominal expiry date of the Agreement is5 February 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were the Fair Work Commission, Swire Industrial Services, and the Construction, Forestry, Mining and Energy Union. The dispute was regarding the approval of the Swire Industrial Services Port Kembla Agreement 2013-2014, which the applicants sought to have registered as a certified agreement. The matter was heard in the Fair Work Commission.

The central legal issues the court had to address were whether the application complied with the necessary legal requirements and if the agreement was made in good faith and followed the correct process. The applicants argued that the agreement was made in accordance with the Fair Work Act 2009 and the necessary procedural steps were followed. The respondents contended that the application did not meet the legal requirements and the agreement was not made in good faith.

The Fair Work Commission determined that the application complied with the relevant legal requirements and the agreement was made in good faith. The Commission found that the applicants had followed the necessary procedural steps and the agreement was in line with the Fair Work Act 2009. The Commission concluded that the application should be approved and the agreement registered as a certified agreement.

Consequently, the Fair Work Commission approved the application and registered the Swire Industrial Services Port Kembla Agreement 2013-2014 as a certified agreement. This decision was based on the finding that the application met the necessary legal requirements and the agreement was made in good faith.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established