A1 Labour Projects Pty Ltd Summary

[2013] FWCA 9458

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A1 Labour Projects Pty Ltd
(AG2013/11344)

A1 LABOUR PROJECTS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 2 DECEMBER 2013

Application for approval of the A1 Labour Projects Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the A1 Labour Projects Pty Ltd Roy Hill AWU Greenfields Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by A1 Labour Projects 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] 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.

[4] The Agreement was approved on 2 December 2013 and, in accordance with s.54, will operate from 9 December 2013. The nominal expiry date of the Agreement is 2 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved A1 Labour Projects Pty Ltd and the Australian Workers' Union, concerning an application for the approval of the A1 Labour Projects Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The primary issue was whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it provided for a fair and efficient workplace, and whether it had been genuinely agreed upon by the parties.

The legal issues the court had to decide included whether the agreement adequately addressed terms and conditions of employment, ensured procedural fairness, and provided mechanisms for dispute resolution. The court also needed to assess whether the agreement had been negotiated in good faith and whether it provided for adequate protections for employees, including those in relation to casual employment and shift patterns.

In its decision, the Fair Work Commission noted that the agreement contained provisions that met the statutory requirements for approval. The commission found that the agreement provided for reasonable terms and conditions, including provisions for casual employment and shift patterns. The court considered that the agreement had been negotiated in good faith and provided for adequate protections for employees. The commission also found that the agreement contained appropriate mechanisms for resolving disputes. Based on these findings, the commission approved the A1 Labour Projects Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

A1 Labour Projects Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established