Allworks WA Pty Ltd Summary

[2013] FWCA 5692

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allworks WA Pty Ltd
(AG2013/2155)

ALLWORKS WA PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 15 AUGUST 2013

Application for approval of the Allworks WA Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Allworks WA 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, Allworks WA Pty Ltd applied for approval of the Roy Hill AWU Greenfields Agreement 2013. The application was brought pursuant to section 238 of the Fair Work Act 2009. The dispute arose from negotiations between Allworks WA Pty Ltd and the Australian Workers' Union (AWU), which led to the formation of an enterprise agreement. The AWU sought to have the agreement approved and registered, while Allworks WA Pty Ltd supported the application. The primary issue before the court was whether the agreement complied with the statutory requirements under the Fair Work Act.

The court considered several key elements of the agreement, including its coverage, the process by which it was negotiated, and whether it contained the necessary provisions as mandated by the Act. The court examined whether the agreement was made in good faith and whether it adhered to the procedural requirements set out in the Fair Work Act. Additionally, the court assessed whether the agreement met the standards of procedural fairness and whether it provided for proper representation of the employees' interests.

After careful consideration, the court found that the Roy Hill AWU Greenfields Agreement 2013 met all the necessary statutory requirements. The agreement was made in good faith, followed the procedural requirements, and provided for proper representation of the employees' interests. The court concluded that the agreement was fair and appropriate for approval and registration. Consequently, the court approved and registered the agreement, allowing it to become a legally binding enterprise agreement between Allworks WA Pty Ltd and the AWU.

Allworks WA Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established