Advanced Environmental Services Pty Ltd

[2014] FWCA 946

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Advanced Environmental Services Pty Ltd
(AG2014/162)

ADVANCED ENVIRONMENTAL SERVICES PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 7 FEBRUARY 2014

Application for approval of the Advanced Environmental Services Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Advanced Environmental Services 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).

[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

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CaseChat Overview and Summary

Advanced Environmental Services Pty Ltd, a company engaged in environmental services, applied for the approval of the Advanced Environmental Services Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The application was before the Fair Work Commission, which had to determine whether the agreement should be approved under the Fair Work Act 2009. The Australian Workers’ Union (AWU) was also a party to the application, as it was the registered union that would be involved in the agreement. The dispute centred on whether the agreement met the criteria for approval under the Act, specifically whether it provided for fair and reasonable terms and conditions of employment.

The central legal issues before the Commission were whether the agreement provided for terms and conditions that were fair and reasonable, and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission considered the balance of rights and obligations in the agreement, the parties' bargaining power, and whether the agreement facilitated meaningful workplace participation. It also examined whether the agreement adequately addressed key employment issues such as wages, hours of work, leave, and dispute resolution mechanisms.

The Commission found that the agreement provided for fair and reasonable terms and conditions of employment. It noted the parties' commitment to good faith bargaining and the comprehensive nature of the agreement, which covered a wide range of employment issues. The Commission also found that the agreement facilitated meaningful workplace participation and provided for an effective dispute resolution process. It concluded that the agreement met the criteria for approval under the Fair Work Act 2009 and granted the application for approval of the agreement.

The Commission's final orders were that the Advanced Environmental Services Pty Ltd Roy Hill AWU Greenfields Agreement 2014 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and would have effect as a registered agreement from the date of the Commission's decision. This decision meant that the terms and conditions set out in the agreement would apply to the employees of Advanced Environmental Services Pty Ltd covered by the agreement, subject to any modifications or variations made in accordance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established