4B Excavations Pty Ltd Summary

[2013] FWCA 7527

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

4B Excavations Pty Ltd
(AG2013/2899)

4B EXCAVATIONS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 3 OCTOBER 2013

Application for approval of the 4B Excavations Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the 4B Excavations Pty Ltd Roy Hill AWU Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[4] 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 three and a half years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the matter were 4B Excavations Pty Ltd, the Australian Workers' Union (AWU), and the Fair Work Commission (FWC). The dispute centred on the approval of the 4B Excavations Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal. The primary issue the Commission had to resolve was whether the agreement in question met the requirements of the Fair Work Act 2009, particularly concerning the protection of employees' rights and interests. This included assessing if the agreement was made in good faith, if it provided fair terms and conditions, and if it complied with the relevant provisions of the Act.

The Fair Work Commission conducted a thorough examination of the agreement, considering various factors such as the bargaining process, the content of the agreement, and its impact on employees. The Commission assessed whether the agreement was negotiated in good faith, whether it provided for fair and reasonable terms and conditions of employment, and if it complied with the provisions of the Fair Work Act. The Commission also considered submissions from the parties and relevant stakeholders, as well as any potential consequences of approving or rejecting the agreement. Ultimately, the Commission determined that the agreement met the necessary requirements under the Fair Work Act and approved the 4B Excavations Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

The Commission's decision was based on its findings that the agreement was negotiated in good faith, provided fair and reasonable terms and conditions of employment, and complied with the relevant provisions of the Fair Work Act. The Commission was satisfied that the agreement was in the best interests of the employees and provided adequate protections for their rights and interests. As a result, the Commission approved the agreement, allowing it to come into effect and govern the employment relationship between 4B Excavations Pty Ltd and the AWU.

4B Excavations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established