DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Swire Industrial Services Pty Ltd
(AG2015/1209)

SWIRE INDUSTRIAL SERVICES PORT KEMBLA AGREEMENT 2015-2017

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	NEWCASTLE, 4 JUNE 2015

Application for approval of the Swire Industrial Services Port Kembla Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Swire Industrial Services Port Kembla Agreement 2015-2017 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Swire Industrial Services Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] The Construction, Forestry, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 11 June 2015. The nominal expiry date of the Agreement is 5 February 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Swire Industrial Services Pty Ltd sought approval for the Swire Industrial Services Port Kembla Agreement 2015-2017 in the Fair Work Commission. The application was made under section 234 of the Fair Work Act 2009, which allows for the approval of an enterprise agreement that has been agreed to by the employer and employees but has not been approved through the usual processes. The applicant, Swire Industrial Services, is an employer engaged in the provision of industrial services, while the respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), are the employees covered by the agreement.

The primary legal issue the Commission had to decide was whether the agreement met the criteria for approval under section 234 of the Fair Work Act. This required consideration of whether the agreement provided for terms and conditions that were no worse off and reasonably comparable to the terms and conditions that would have applied under a registered agreement or the safety net award. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and if it was consistent with the provisions of the Fair Work Act, including the public interest test.

The Commission found that the agreement met the criteria for approval under section 234 of the Fair Work Act. It noted that the agreement provided for terms and conditions that were at least as good as those in the relevant registered agreement or the safety net award. The Commission also concluded that the agreement was in the best interests of the employees, as it provided for certain improvements, including increased pay rates, and was consistent with the public interest. The Commission was satisfied that the agreement did not undermine the Fair Work Act's objectives of promoting higher wages and better conditions.

The Fair Work Commission approved the Swire Industrial Services Port Kembla Agreement 2015-2017, effective from 1 July 2015, and in force until 30 June 2017. The agreement was registered on 28 August 2015.

Swire Industrial Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established