AWX Constructions Pty Ltd

[2013] FWCA 8242

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AWX Constructions Pty Ltd
(AG2013/9783)

AWX CONSTRUCTIONS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 22 OCTOBER 2013

Application for approval of the AWX Constructions Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the AWX Constructions 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 three and a half years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by AWX Constructions Pty Ltd for approval of the AWX Constructions Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The application was made to the Fair Work Commission. The dispute centres on whether the proposed agreement, which sets out the terms and conditions of employment for workers at the Roy Hill mine site, complies with the relevant legislative provisions, particularly those under the Fair Work Act 2009. The Australian Workers' Union was also a party to the application.

The legal issues before the Commission included whether the agreement appropriately provided for minimum entitlements, allowed for genuine flexibility in work arrangements, and was made in good faith. Furthermore, the Commission had to determine if the agreement facilitated the efficient operation of the mine while ensuring that workers' rights were protected. The Commission also considered the process through which the agreement was negotiated and the extent to which it complied with the procedural requirements of the Act.

After reviewing the submissions from both AWX Constructions Pty Ltd and the Australian Workers' Union, the Fair Work Commission found that the proposed agreement was compliant with the legislative requirements. The Commission determined that the agreement provided for the necessary minimum entitlements, allowed for flexibility in a manner that was not detrimental to the workers, and was made in good faith. The process of negotiation was deemed to be fair and transparent, meeting all procedural requirements. Therefore, the Commission approved the agreement.

The Fair Work Commission approved the AWX Constructions Pty Ltd Roy Hill AWU Greenfields Agreement 2013, finding it to be compliant with the Fair Work Act 2009. The agreement was set to govern the employment conditions at the Roy Hill mine site, and the Commission's approval allowed it to come into effect as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established