BP Contracting Civil & Mining Pty Ltd

[2014] FWCA 2964

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BP Contracting Civil & Mining Pty Ltd
(AG2014/1021)

BP CONTRACTING CIVIL & MINING PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 9 MAY 2014

Application for approval of the BP Contracting Civil & Mining Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the BP Contracting Civil & Mining 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 half years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BP Contracting Civil & Mining Pty Ltd applied for the approval of the Roy Hill AWU Greenfields Agreement 2014. The application was made under section 234 of the Fair Work Act 2009. The Australian Workers' Union was a party to the proceedings. The application was heard by his Honour Deputy President Mortimer in the Fair Work Commission.

The primary legal issue for determination was whether the provisions of the agreement were consistent with the provisions of the Fair Work Act. The Court considered the application in light of the relevant provisions of the Fair Work Act and the Fair Work Regulations 2009. The Court also considered the submissions made by the parties and the evidence provided. The Court also considered the precedent set by previous cases.

The Court found that the provisions of the agreement were consistent with the Fair Work Act and the Fair Work Regulations. The Court found that the agreement provided for appropriate protections for employees and that it was not contrary to the public interest. The Court found that the agreement was fair and reasonable and that it provided for appropriate mechanisms for the resolution of disputes. The Court approved the agreement.

The Court ordered that the Roy Hill AWU Greenfields Agreement 2014 be approved as a registered agreement under the Fair Work Act. The Court ordered that the agreement be registered and published in the Register of Approved Agreements. The Court further ordered that the agreement be binding on all parties from the date of registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established