DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AI Jaber Heavy Lift & Transport (Australia) Pty Ltd
(AG2015/438)

AI JABER HEAVY LIFT & TRANSPORT (AUSTRALIA) PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 MARCH 2015

Application for approval of the AI Jaber Heavy Lift & Transport (Australia) Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the AI Jaber Heavy Lift & Transport (Australia) Pty Ltd Roy Hill AWU Greenfields Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by AI Jaber Heavy Lift & Transport (Australia) Pty Ltd. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] Based on statutory declaration provided by the organisation, 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 March 2015 and, in accordance with s.54, will operate from 20 March 2015. The nominal expiry date of the Agreement is 13 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, AI Jaber Heavy Lift & Transport (Australia) Pty Ltd, applied for an approval of the AI Jaber Heavy Lift & Transport (Australia) Pty Ltd Roy Hill AWU Greenfields Agreement 2015. The agreement was to cover employees who are part of the Australian Workers' Union. The dispute involved whether the agreement complied with the requirements of the Fair Work Act 2009. The Fair Work Commission was required to determine if the agreement was a certified agreement and if it complied with the provisions of the Fair Work Act.

The primary legal issue was whether the agreement met the criteria for a certified agreement under section 172 of the Fair Work Act. This included assessing whether the agreement had been made genuinely and freely, whether it was in writing, and if it covered the employees and employers it purported to cover. Additionally, the court had to ensure that the agreement did not contravene any minimum entitlements or unfair dismissal provisions. The applicant argued that the agreement was genuine, in writing, and met all necessary requirements. The union supported the applicant’s stance, while the Commission needed to verify these claims.

The Fair Work Commission found that the agreement was made genuinely and freely, was in writing, and covered the intended employees and employers. The Commission also confirmed that the agreement did not contravene any minimum entitlements or unfair dismissal provisions. The Commission was satisfied that all the requirements for a certified agreement were met, and thus approved the agreement. The Commission concluded that the agreement was fair and complied with the statutory requirements under the Fair Work Act.

The Fair Work Commission approved the AI Jaber Heavy Lift & Transport (Australia) Pty Ltd Roy Hill AWU Greenfields Agreement 2015. The Commission found that the agreement was genuine, in writing, and met all necessary requirements, including compliance with minimum entitlements and unfair dismissal provisions.

AI Jaber Heavy Lift & Transport (Australia) 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