The Australian Workers’ Union

[2013] FWCA 1395

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2013/424)

S&B BLASTING PTY LTD SHUTDOWN AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 6 MARCH 2013

Application for approval of the S&B Blasting Pty Ltd Shutdown Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Swire Industrial Services Agreement Western Port 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by The Australian Workers’ Union (AWU). The agreement is a greenfields agreement.

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

[3] I am satisfied that the AWU, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 13 March 2013. The nominal expiry date of the Agreement is 30 September 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Fair Work Commission, the applicant, Australian Workers’ Union, sought approval of the S&B Blasting Pty Ltd Shutdown Agreement 2013. The dispute centred on the terms and conditions of employment of workers following the shutdown of S&B Blasting Pty Ltd. The union argued that the agreement would ensure fair and equitable treatment of the workers during and after the shutdown. The company, on the other hand, contended that the agreement was necessary to address the financial difficulties it was facing and that it would provide a fair outcome for all parties involved.

The primary legal issue before the commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the commission had to determine whether the agreement provided a safety net for the employees, provided for fair and reasonable terms and conditions of employment, and provided for a fair and reasonable process for resolving disputes. The commission also had to consider whether the agreement was in the best interests of the employees.

In delivering its decision, the commission found that the agreement met the criteria for approval. The commission noted that the agreement provided for a safety net for the employees, including provisions for redundancy payments and access to the Commonwealth’s safety net. The commission also found that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for pay and conditions for any future work that may be undertaken by the company. Finally, the commission found that the agreement provided for a fair and reasonable process for resolving disputes, including provisions for conciliation and arbitration.

The commission approved the agreement, noting that it provided a fair and reasonable outcome for all parties involved. The commission also noted that the agreement was in the best interests of the employees, as it provided for a safety net and fair and reasonable terms and conditions of employment. The commission ordered that the agreement be registered and that it would have effect from the date of registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established