Andrew Engineering (Aust) Pty Ltd Summary

[2014] FWCA 1241

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Andrew Engineering (Aust) Pty Ltd
(AG2014/304)

ANDREW ENGINEERING (AUST) PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 19 FEBRUARY 2014

Application for approval of the Andrew Engineering (Aust) Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Andrew Engineering (Aust) 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Andrew Engineering (Aust) Pty Ltd, which sought approval for the Roy Hill AWU Greenfields Agreement 2014. This agreement, aimed at regulating employment terms and conditions for employees working on the Roy Hill project in Western Australia, was contested by the Australian Workers' Union. The case was heard by the Fair Work Commission, Australia’s workplace relations tribunal.

The central legal issue was whether the agreement provided a safety net of minimum entitlements to the employees and whether it complied with the Fair Work Act 2009. The Commission needed to determine if the agreement ensured that employees received at least the minimum terms and conditions of employment as set out in the relevant awards and the National Employment Standards. Another key aspect was the consideration of the agreement's overall fairness and its compliance with the provisions of the Act.

The Fair Work Commission evaluated the agreement based on its provisions and the evidence presented by the parties. It found that the agreement provided a comprehensive set of terms and conditions that met the safety net requirement, ensuring employees were not worse off than they would be under applicable awards. The Commission was satisfied that the agreement was fair and balanced, taking into account the interests of both the employer and the employees. Consequently, the Commission approved the agreement, finding that it met the necessary legal criteria and was in the best interest of all parties involved.

The final order was the approval of the Roy Hill AWU Greenfields Agreement 2014, subject to the conditions and provisions set out in the agreement. This decision allowed the agreement to be implemented, governing the employment terms and conditions for the employees working on the Roy Hill project.

Andrew Engineering (Aust) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established