AntiSkid Industries Pty Ltd

[2013] FWCA 4820

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AntiSkid Industries Pty Ltd
(AG2013/1926)

ANTISKID INDUSTRIES PTY LTD BHPB IRON ORE GROWTH PROJECTS STAGE 1 AWU GREENFIELDS AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 22 JULY 2013

Application for approval of the AntiSkid Industries Pty Ltd BHPB Iron Ore Growth Projects Stage 1 AWU Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the AntiSkid Industries Pty Ltd BHPB Iron Ore Growth Projects Stage 1 AWU Greenfields Agreement (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] As the Agreement does not contain flexibility or consultation terms, the model terms are taken to be terms of the Agreement.

[5] 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 13 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

AntiSkid Industries Pty Ltd sought approval for a new enterprise agreement, known as the BHPB Iron Ore Growth Projects Stage 1 AWU Greenfields Agreement. The application was heard in the Fair Work Commission. The dispute arose from the negotiation process between AntiSkid Industries Pty Ltd and the Australian Workers' Union (AWU), which culminated in the proposed agreement.

The primary legal issues before the Commission were whether the agreement met the procedural and substantive fairness requirements under the Fair Work Act 2009. The AWU raised concerns about the process through which the agreement was negotiated and the terms of the agreement itself. The Commission had to determine if the agreement was genuinely negotiated and if it contained terms that were fair and reasonable.

The Fair Work Commission examined the evidence provided by both parties regarding the negotiation process and the terms of the agreement. The Commission found that the negotiation process was conducted in good faith and that the agreement contained terms that were fair and reasonable. The Commission approved the application for the agreement, noting that it provided for a clear framework for the relationship between the employer and employees and included provisions for dispute resolution and employee benefits.

No further orders were made beyond the approval of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established