APE Erections Pty Ltd

[2013] FWCA 8986

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

APE Erections Pty Ltd
(AG2013/9948)

APE ERECTIONS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 NOVEMBER 2013

Application for approval of the APE Erections Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the APE Erections Pty Ltd Roy Hill AWU Greenfields Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by APE Erections 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] 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.

[4] The Agreement was approved on 18 November 2013 and, in accordance with s.54, will operate from 25 November 2013. The nominal expiry date of the Agreement is 25 May 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by APE Erections Pty Ltd for the approval of the APE Erections Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The dispute centred around the proposed agreement, which aimed to regulate the terms and conditions of employment for workers at the Roy Hill mine project in Western Australia. The application was brought before the Fair Work Commission.

The primary legal issues the court needed to determine were whether the proposed agreement met the requirements set out in the Fair Work Act 2009, particularly in relation to the agreement's coverage of employees, the process by which it was made, and whether it provided for fair and reasonable terms. The court was also required to consider whether the agreement would have a detrimental effect on the employees involved.

In delivering the decision, the Fair Work Commission found that the proposed agreement met the necessary requirements under the Fair Work Act 2009. The commission noted that the agreement was made following a genuine bargaining process and that it provided for fair and reasonable terms for the employees. The commission also determined that the agreement would not have a detrimental effect on the employees, as it included provisions for minimum wage rates, overtime rates, and other employment conditions. Consequently, the court approved the proposed agreement.

The Fair Work Commission's final orders were that the APE Erections Pty Ltd Roy Hill AWU Greenfields Agreement 2013 be approved, effective from the date of the decision. The approval of the agreement facilitated the establishment of fair and reasonable employment terms for workers at the Roy Hill mine project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established