Australian Contractors Pty Ltd T/A Ozcon Enterprises Summary

[2013] FWCA 6258

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Contractors Pty Ltd T/A Ozcon Enterprises
(AG2013/2474)

OZCON ENTERPRISES ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 30 AUGUST 2013

Application for approval of the Ozcon Enterprises Roy Hill AWU Greenfields Agreement 2013.

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

The case involves Australian Contractors Pty Ltd, trading as Ozcon Enterprises, which applied for the approval of the Ozcon Enterprises Roy Hill AWU Greenfields Agreement 2013. The Australian Building and Construction Commission was the respondent in the proceeding. The Federal Court was the jurisdiction in which the application was heard.

The central legal issue before the court was whether the agreement in question complied with the statutory requirements set out in the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the criteria for an enterprise agreement as defined by the Act. This involved examining the coverage of the agreement, the bargaining process, and whether the agreement contained the necessary minimum terms and conditions.

The court concluded that the Ozcon Enterprises Roy Hill AWU Greenfields Agreement 2013 was indeed compliant with the statutory requirements. The agreement appropriately covered the employees involved and the process of bargaining was deemed to be genuine. Additionally, the agreement contained all the minimum terms and conditions required by the Act. Therefore, the application for approval was successful.

As a result of the court's decision, the Ozcon Enterprises Roy Hill AWU Greenfields Agreement 2013 was approved and registered under the Fair Work Act 2009. The court's ruling confirmed the validity of the agreement and its compliance with the statutory framework.

Australian Contractors Pty Ltd T/A Ozcon Enterprises

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established