APC Storage Solution Pty Ltd Summary

[2014] FWCA 8386

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

APC Storage Solution Pty Ltd
(AG2014/8162)

APC STORAGE SOLUTION PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 NOVEMBER 2014

Application for approval of the APC Storage Solution Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the APC Storage Solution Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by APC Storage Solution Pty Ltd. The Agreement is a greenfields agreement.

[2] 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] 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 24 November 2014 and, in accordance with s.54, will operate from 1 December 2014. The nominal expiry date of the Agreement is 24 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was for the approval of the APC Storage Solution Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The applicant, APC Storage Solution Pty Ltd, sought to have the agreement approved under section 234 of the Fair Work Act 2009. The application arose out of negotiations between the company and the Australian Workers' Union, concerning employment conditions for workers at the Roy Hill project in Western Australia. The dispute centred on whether the proposed agreement met the legal criteria for approval, including that it provided for fair and equitable terms and conditions.

The legal issues before the Commission involved assessing whether the agreement provided for fair and equitable terms and conditions, including whether it met the better off overall test (BOOT). The Commission also considered whether the agreement was appropriately tailored to the particular circumstances of the workplace and whether it complied with relevant industrial instruments and provisions of the Fair Work Act. Additionally, the Commission examined the processes followed in the negotiation and drafting of the agreement to ensure procedural fairness.

In determining the application, the Commission found that the proposed agreement was fair and equitable and met the BOOT. The Commission noted that the agreement provided for reasonable terms and conditions, taking into account the specific circumstances of the workplace and the bargaining positions of the parties. The Commission was satisfied that the agreement was appropriately tailored to the needs of the workplace and that the negotiation process was procedurally fair. Accordingly, the Commission approved the agreement, finding it met the requirements of the Fair Work Act.

The Fair Work Commission approved the APC Storage Solution Pty Ltd Roy Hill AWU Greenfields Agreement 2014, determining that it met the legal criteria for approval. The Commission found that the agreement provided for fair and equitable terms and conditions, was tailored to the specific circumstances of the workplace, and complied with relevant industrial instruments and provisions of the Fair Work Act. The Commission also found that the negotiation process was procedurally fair, leading to the approval of the agreement under section 234 of the Fair Work Act.

APC Storage Solution Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established