Alltype Engineering Pty Ltd

[2013] FWCA 6751

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alltype Engineering Pty Ltd
(AG2013/2561)

ALLTYPE ENGINEERING PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 10 SEPTEMBER 2013

Application for approval of the Alltype Engineering Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Alltype Engineering Pty Ltd Roy Hill AWU Greenfields Agreement 2013 (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 four years from the date of this decision.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Alltype Engineering Pty Ltd, along with several unions, sought approval from the Fair Work Commission for the Alltype Engineering Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The application for approval was contested by the Building and Construction General On-Site Union and the United Workers Union, who argued that the agreement was not a genuine enterprise agreement. The Fair Work Commission was required to determine whether the agreement met the statutory requirements for approval.

The legal issues at the centre of this case were whether the agreement was genuinely an enterprise agreement and whether it had been made without the influence of any person or body exercising coercion, undue influence, or any form of pressure over the parties. The Commission examined the negotiation process, the content of the agreement, and the parties involved. The unions argued that the agreement was not genuinely made as it was influenced by the employer's control over the workforce and that it did not fairly reflect the terms and conditions of employment.

The Fair Work Commission found that the agreement was genuinely made without any undue influence or coercion. The Commission emphasised the importance of examining the overall context of the negotiation process and the content of the agreement. The evidence showed that the agreement was the result of genuine negotiations between the parties and that it reflected the terms and conditions of employment for the workforce. The Commission held that the agreement was a genuine enterprise agreement and approved it accordingly.

The Fair Work Commission approved the Alltype Engineering Pty Ltd Roy Hill AWU Greenfields Agreement 2013, finding that it was a genuine enterprise agreement made without any undue influence or coercion. The Commission's decision was based on a thorough examination of the negotiation process and the content of the agreement, which demonstrated that it fairly reflected the terms and conditions of employment for the workforce.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established