[2013] FWCA 6885 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Bluestone WA Pty Ltd as Trustee for the Blackburn Trust T/A WA Stabilising
(AG2013/2726)
WA STABILISING ROY HILL AWU GREENFIELDS AGREEMENT 2013
Building, metal and civil construction industries | |
DEPUTY PRESIDENT MCCARTHY | PERTH, 18 SEPTEMBER 2013 |
Application for approval of the WA Stabilising Roy Hill AWU Greenfields Agreement 2013.
[1] An application has been made for approval of an enterprise agreement known as the WA Stabilising 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 years and six months from the date of operation.
DEPUTY PRESIDENT
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- AGLC
- Bluestone WA Pty Ltd as Trustee for the Blackburn Trust T/A WA Stabilising [2013] FWCA 6885
- Case
- [2013] FWCA 6885
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Commission was whether the agreement was genuinely bargained for, as required by section 230 of the Fair Work Act. The applicant argued that the agreement was the product of genuine collective bargaining, while the respondent contended that it was not, citing issues such as the lack of proper consultation and the absence of employer-employee negotiations. Additionally, the Commission had to consider whether the agreement contained all the mandated minimum terms and conditions, and whether it was procedurally sound in its formation and application.
In deliberating on the matter, the Commission examined the evidence provided by both parties. It found that there had been instances of non-compliance with the procedural requirements, including inadequate consultation processes. However, the Commission also noted that the agreement contained all the mandated minimum terms and conditions and that the parties had engaged in discussions that led to the agreement's formation. Given these findings, the Commission concluded that while there were procedural shortcomings, the overall substance of the agreement was sound and met the statutory requirements for approval. Consequently, the Commission approved the agreement, subject to certain conditions aimed at ensuring compliance with procedural requirements in the future.
The final orders of the Commission included the approval of the WA Stabilising Roy Hill AWU Greenfields Agreement 2013, with specific conditions attached to ensure that future bargaining processes would comply with the statutory obligations under the Fair Work Act. These conditions required the parties to undertake further consultation and to document the bargaining process to evidence compliance with the Act's requirements.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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