89 Enterprises Pty Ltd

[2014] FWCA 5538

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

89 Enterprises Pty Ltd
(AG2014/1784)

89 ENTERPRISES PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 AUGUST 2014

Application for approval of the 89 Enterprises Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the 89 Enterprises Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by 89 Enterprises Pty Ltd. The Agreement is a greenfields agreement.

[2] 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] I am satisfied that The Australian Workers’ Union, 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.

[5] The Agreement was approved on 13 August 2014 and, in accordance with s.54, will operate from 20 August 2014. The nominal expiry date of the Agreement is 13 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were 89 Enterprises Pty Ltd and the Australian Workers' Union. The nature of the dispute was the application for approval of the Roy Hill AWU Greenfields Agreement 2014. The court involved was the Fair Work Commission.

The legal issues that the court was required to decide involved whether the agreement was in the best interest of the employees and whether the agreement complied with the Fair Work Act 2009. The court had to consider the implications of the agreement on the employees' rights, benefits and protections, and whether the agreement would have a detrimental effect on the employees.

The court's reasoning and outcome was that the agreement was in the best interest of the employees and complied with the Fair Work Act 2009. The court found that the agreement provided better outcomes for the employees than if they were to be covered by the applicable award or registered agreement. The court also found that the agreement provided for adequate protections for the employees, including provisions for redundancy, termination and unfair dismissal, and dispute resolution. The court approved the agreement, and the final orders were that the agreement be approved as a greenfields agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established