DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Add Business Group Pty Ltd
(AG2014/10220)

ADD BUSINESS GROUP PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 19 DECEMBER 2014

Application for approval of the Add Business Group Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the ADD Business Group 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 Add Business Group 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 19 December 2014 and, in accordance with s.54, will operate from 26 December 2014. The nominal expiry date of the Agreement is 26 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Add Business Group Pty Ltd applied for approval of an enterprise agreement. The Australian Workers’ Union (AWU) opposed the application, stating that it would negatively affect the employees. The Fair Work Commission heard the application and provided its decision. The legal issues in the case centred around whether the proposed enterprise agreement was in the best interests of the employees, considering the potential impact on their working conditions, wages, and overall employment terms. The Commission also had to assess whether the agreement complied with relevant industrial laws and if it was fair and reasonable.

The Commission conducted a thorough analysis of the agreement, taking into account various factors such as the bargaining power of the parties, the nature of the industry, and the potential impact on employees. The Commission found that the proposed agreement was in the best interests of the employees and was fair and reasonable. It considered that the agreement provided for improved working conditions, increased wages, and better employment terms for the employees. Furthermore, the Commission was satisfied that the agreement complied with relevant industrial laws. Therefore, the Commission approved the application for the enterprise agreement.

Consequently, the Fair Work Commission approved the Add Business Group Pty Ltd Roy Hill AWU Greenfields Agreement 2014, finding it to be in the best interests of the employees and compliant with relevant industrial laws. The Commission acknowledged the potential benefits of the agreement, including improved working conditions, increased wages, and better employment terms for the employees. The approval of the agreement allows for the implementation of the terms and conditions outlined within, benefiting both the employer and the employees.

Add Business Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established