Arrowsmith Transport Pty Ltd Summary

[2013] FWCA 4760

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Arrowsmith Transport Pty Ltd
(AG2013/1756)

ARROWSMITH TRANSPORT PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 18 JULY 2013

Application for approval of the Arrowsmith Transport Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

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

Arrowsmith Transport Pty Ltd sought approval of the Roy Hill AWU Greenfields Agreement 2013. The Australian Building and Construction Commission (ABCC) opposed the application, arguing that the agreement contravened section 233 of the Fair Work Act 2009. The Fair Work Commission was called upon to decide the matter. The central issue for the Commission was whether the agreement contained provisions that contravened section 233 of the Act, specifically regarding the provision of certain terms and conditions to employees.

The Commission considered the provisions of the agreement in question and the arguments presented by both parties. It was noted that section 233 of the Act prohibits agreements that have the effect of providing certain terms and conditions to employees without their consent. The Commission examined the terms of the agreement and concluded that they did not contravene section 233. The Commission found that the agreement did not have the effect of providing certain terms and conditions to employees without their consent, as it was entered into with the mutual agreement of the parties.

As a result, the Commission approved the Arrowsmith Transport Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The ABCC's application for approval was dismissed. The Commission's decision was based on its finding that the agreement did not contravene section 233 of the Fair Work Act 2009. The agreement was therefore approved, and the parties were bound by its terms.

Arrowsmith Transport Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established