Access Equipment Hire Australia Pty Ltd Summary

[2014] FWCA 7291

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Access Equipment Hire Australia Pty Ltd
(AG2014/7788)

ACCESS EQUIPMENT HIRE AUSTRALIA PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 OCTOBER 2014

Application for approval of the Access Equipment Hire Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

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

[2] I am satisfied that each of the requirements of ss.186 and 187 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 15 October 2014 and, in accordance with s.54, will operate from 22 October 2014. The nominal expiry date of the Agreement is 15 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission concerns the approval of the Access Equipment Hire Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2014. This agreement was entered into between Access Equipment Hire Australia Pty Ltd and the Australian Workers' Union, aiming to regulate employment conditions for workers involved in the Roy Hill project. The application for approval was made by the employer, seeking to have the agreement recognised as a lawful and binding instrument.

The primary legal issue before the court was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was genuinely negotiated, free from any coercion or undue influence, and if it provided for fair and reasonable terms and conditions of employment. Additionally, the court needed to assess if the agreement complied with all procedural requirements and if it covered all mandatory terms as stipulated by the Fair Work Act.

The Fair Work Commission found that the agreement had been genuinely negotiated between the parties, free from coercion, and contained terms that were fair and reasonable. The Commission noted that all procedural requirements had been met, and the agreement included all mandatory terms as required by the Fair Work Act. The Commission emphasised the importance of such agreements in maintaining harmonious industrial relations and providing a framework for the fair treatment of employees. Consequently, the Commission approved the Access Equipment Hire Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2014, recognising it as a lawful and binding instrument.

Access Equipment Hire Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established