Aurora Electrical Contracting Services Pty Ltd

[2014] FWCA 8397

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aurora Electrical Contracting Services Pty Ltd
(AG2014/8184)

AURORA ELECTRICAL CONTRACTING SERVICES 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 Aurora Electrical Contracting Services Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Aurora Electrical Contracting Services 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 Aurora Electrical Contracting Services 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

In the Fair Work Commission, the applicant, Aurora Electrical Contracting Services Pty Ltd, applied for the approval of the Roy Hill AWU Greenfields Agreement 2014. The applicant and the Australian Workers Union (AWU) are parties to this enterprise agreement. The dispute pertains to the terms and conditions of employment for the employees of the applicant. The applicant sought the approval of the agreement to ensure it complied with the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. This involved assessing the agreement's compliance with various provisions, including the 'better off overall test' which ensures that employees are not worse off financially under the new agreement. The Commission also needed to consider if the agreement provided for proper consultation processes and if it contained terms that were fair and reasonable.

The Commission found that the agreement met the statutory requirements for approval. It was noted that the agreement had been negotiated in good faith and that the process had been fair and transparent. The Commission confirmed that the agreement was not worse off overall for employees and contained provisions that were fair and reasonable. The Commission approved the agreement, highlighting the importance of such agreements in providing a stable and fair workplace for both employers and employees.

The Fair Work Commission approved the Roy Hill AWU Greenfields Agreement 2014, thereby resolving the applicant's application. This decision ensures that the terms and conditions of employment for the employees of Aurora Electrical Contracting Services Pty Ltd are legally compliant and fair, providing a stable framework for their working relationship with the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established