DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Swire Industrial Services Pty Ltd
(AG2019/1731)

SWIRE INDUSTRIAL SERVICES PORT KEMBLA AGREEMENT 2019-2021

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 JUNE 2019

Application for approval of the Swire Industrial Services Port Kembla Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the Swire Industrial Services Port Kembla Agreement 2019-2021 (the Agreement). The application was made pursuant to s.185 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] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 June 2019. The nominal expiry date of the Agreement is 5 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Swire Industrial Services Pty Ltd, applied to the Fair Work Commission for approval of the Swire Industrial Services Port Kembla Agreement 2019-2021. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, objected to the application, claiming that the agreement was not in the best interests of the employees and did not meet the requirements of the Fair Work Act 2009. The matter was heard by Deputy President Smith, who was required to determine whether the agreement was appropriate for approval.

The central legal issue before the court was whether the agreement complied with the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement was in the best interests of the employees, and whether it contained the necessary provisions, including minimum wages and conditions, and dispute resolution mechanisms. The court also needed to consider whether any objections raised by the respondent were valid and whether they justified refusing the application.

In delivering the decision, Deputy President Smith examined the terms of the agreement and the submissions made by both parties. The Deputy President found that the agreement contained the necessary provisions for minimum wages and conditions, as well as appropriate dispute resolution mechanisms. The Deputy President also considered the evidence and arguments presented by the respondent but found that the objections did not justify refusing the application. The Deputy President concluded that the agreement was in the best interests of the employees and approved the application.

As a result of the decision, the Swire Industrial Services Port Kembla Agreement 2019-2021 was approved by the Fair Work Commission. The agreement will now apply to the relevant employees and employers, providing a framework for their industrial relations. The respondent's objections were dismissed, and the application was granted.

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