Ballyhooly Civil Pty Ltd Summary

[2013] FWCA 6090

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ballyhooly Civil Pty Ltd
(AG2013/2382)

BHCIVIL PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 26 AUGUST 2013

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

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

In the matter of Ballyhooly Civil Pty Ltd, the court was presented with an application for the approval of the Roy Hill AWU Greenfields Agreement 2013. This agreement was proposed between Ballyhooly Civil Pty Ltd and the Australian Workers Union. The dispute centred on whether the agreement should be ratified, given that it had been negotiated in the context of a greenfield construction project for the Roy Hill mine. The case was heard in the Fair Work Commission, which was tasked with assessing the fairness and appropriateness of the agreement.

The legal issues before the court revolved around whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was genuinely negotiated and if it provided a safety net for employees. Additionally, the court examined whether the agreement contained provisions that were contrary to public policy or were otherwise unacceptable.

The Fair Work Commission found that the agreement was genuinely negotiated and provided an appropriate safety net for employees. The commission was satisfied that the terms of the agreement were fair and balanced, and that they did not contravene any public policy considerations. The court also noted that the agreement included provisions for dispute resolution, which were deemed to be adequate. Consequently, the court approved the agreement, finding that it met all the necessary criteria for ratification.

The final orders of the court approved the Roy Hill AWU Greenfields Agreement 2013, subject to the terms and conditions set out in the agreement. The decision was made in favour of Ballyhooly Civil Pty Ltd, allowing the parties to proceed with the implementation of the agreement as negotiated.

Ballyhooly Civil Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established