Baltimore Civils Pty Ltd Summary

[2014] FWCA 3555

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baltimore Civils Pty Ltd
(AG2014/1168)

BALTIMORE CIVILS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 3 JUNE 2014

Application for approval of the Baltimore Civils Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Baltimore Civils Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (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

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Baltimore Civils Pty Ltd, sought approval of the Baltimore Civils Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The applicant and the Australian Workers' Union were the parties to the agreement, which was intended to govern the employment of certain workers at the Roy Hill iron ore project in Western Australia. The Commission was required to determine whether the agreement was appropriate for the purposes of the Fair Work Act 2009.

The legal issues the Commission had to address included whether the agreement provided for a fair and reasonable method of determining wages and other conditions of employment, and whether it complied with the requirements of the Fair Work Act. The Commission also considered whether the agreement was made in good faith and whether it provided for the appropriate balance between the interests of the employer and employees.

The Commission found that the agreement provided for a fair and reasonable method of determining wages and other conditions of employment. The Commission noted that the agreement contained provisions for the determination of wages and conditions by reference to industry awards and agreements, as well as provisions for the resolution of disputes. The Commission also found that the agreement complied with the requirements of the Fair Work Act, including the requirement that it be made in good faith and provide for the appropriate balance between the interests of the employer and employees. The Commission was satisfied that the agreement provided for a fair and reasonable method of determining wages and other conditions of employment, and approved the agreement.

The Commission made an order approving the Baltimore Civils Pty Ltd Roy Hill AWU Greenfields Agreement 2014 as a registered agreement under the Fair Work Act. The agreement is now binding on the parties and their employees, and will govern the employment of certain workers at the Roy Hill iron ore project in Western Australia.

Baltimore Civils Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established