Barmelco Infrastructure Pty Ltd

[2014] FWCA 6616

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barmelco Infrastructure Pty Ltd
(AG2014/7290)

BARMELCO INFRASTRUCTURE PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 SEPTEMBER 2014

Application for approval of the Barmelco Infrastructure Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

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

[4] The Agreement was approved on 23 September 2014 and, in accordance with s.54, will operate from 30 September 2014. The nominal expiry date of the Agreement is 23 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Barmelco Infrastructure Pty Ltd applied to the Fair Work Commission for approval of the Barmelco Infrastructure Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The Australian Workers' Union was the respondent in the application. The application was made under section 236 of the Fair Work Act 2009. The parties could not agree on the terms of the enterprise agreement, leading to the application.

The legal issues before the Commission involved determining whether the proposed agreement was a simplified and clear expression of the parties' agreement, and whether it met the statutory requirements for approval. The Commission needed to examine the agreement's provisions, ensure it complied with the Fair Work Act, and assess if it was a genuine agreement reached between the parties.

The Commission considered the provisions of the agreement and found that it was a genuine agreement that met the requirements of the Fair Work Act. The agreement was clear, concise, and provided a fair and reasonable expression of the parties' understanding. It contained all the necessary elements and provisions to be considered a valid enterprise agreement. The Commission approved the Barmelco Infrastructure Pty Ltd Roy Hill AWU Greenfields Agreement 2014, confirming its compliance with the statutory requirements and its genuine nature.

The Commission's final orders included the approval of the Barmelco Infrastructure Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The agreement was deemed to be a genuine expression of the parties' agreement and met the statutory requirements for approval under section 236 of the Fair Work Act 2009. The Commission's decision provided legal certainty for the parties and established the terms and conditions of employment for the relevant workforce.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established