Westside Mechanical Contracting Pty Ltd

[2013] FWCA 729

FAIR WORK COMMISSION

DECISION

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

Westside Mechanical Contracting Pty Ltd
(AG2013/4701)

WESTSIDE MECHANICAL CONTRACTING PTY LTD ENTERPRISE AGREEMENT 2013

Plumbing industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 1 FEBRUARY 2013

Application for approval of the Westside Mechanical Contracting Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Westside Mechanical Contracting Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Westside Mechanical Contracting Pty Ltd. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 February 2013. The nominal expiry date of the Agreement is 9 February 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Westside Mechanical Contracting Pty Ltd applied for approval of the Westside Mechanical Contracting Pty Ltd Enterprise Agreement 2013. The respondents to the application were various unions, who raised objections to the proposed agreement. The Fair Work Commission heard the matter and was required to decide whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements for approval. The unions argued that the agreement did not comply with section 230 of the Fair Work Act, which requires that an enterprise agreement be certified by the Commission as meeting certain procedural and substantive criteria. The unions claimed the agreement was not made in good faith or was not for the purposes of establishing the terms and conditions of employment. The unions also argued that the agreement contravened section 235 of the Act by providing for terms and conditions of employment that were less favourable than the applicable award or the national employment standards.

The Commission considered the arguments put forward by the unions and examined the contents of the agreement. It determined that the agreement was made in good faith and for the purposes of establishing the terms and conditions of employment. The Commission found that the agreement did not provide for terms and conditions that were less favourable than the applicable award or the national employment standards, and therefore did not contravene section 235 of the Act. The Commission was satisfied that the agreement met the criteria for approval under the Fair Work Act, and approved the agreement.

The Fair Work Commission approved the Westside Mechanical Contracting Pty Ltd Enterprise Agreement 2013. The unions' objections were dismissed, and the agreement was certified as meeting the procedural and substantive criteria for approval. The terms of the agreement now form the basis of the employment conditions for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established