United Voice Summary | CaseChat AU

[2013] FWCA 2892

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/6157)

CSR LIMITED WELSHPOOL WA ENTERPRISE BARGAINING AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 9 MAY 2013

Application for approval of the CSR Limited Welshpool WA Enterprise Bargaining Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited Welshpool WA Enterprise Bargaining Agreement 2013 (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 ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The United Voice, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] I had some concerns regarding clause 23 in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representative for the agreement has indicated their support for the undertaking.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 25 February 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

United Voice, an industrial organisation, sought approval of an enterprise bargaining agreement negotiated with CSR Limited for employees at the CSR Limited Welshpool WA site. The Fair Work Commission heard the application, with CSR Limited opposing the application. The legal issues before the Commission were whether the agreement met the statutory requirements for approval and if the agreement was genuinely negotiated, and free from improper conduct. The Commission found that the agreement complied with all formal requirements and was genuinely negotiated. The Commission also found that there was no evidence of improper conduct that would warrant refusal of approval. The Commission approved the agreement, noting the importance of collective bargaining in achieving fair outcomes for employees. The approval will facilitate the implementation of the agreement and ensure that employees at the CSR Limited Welshpool WA site are covered by a modern and fair enterprise bargaining agreement.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established