Brand Energy and Infrastructure Services (Western Australia) Pty Ltd Summary

[2014] FWCA 6614

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brand Energy and Infrastructure Services (Western Australia) Pty Ltd
(AG2014/7069)

BRAND ENERGY AND INFRASTRUCTURE SERVICES (WESTERN AUSTRALIA) 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 Brand Energy and Infrastructure Services (Western Australia) Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Brand Energy and Infrastructure Services (Western Australia) 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 Brand Energy and Infrastructure Services (Western Australia) 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

In the Fair Work Commission, Brand Energy and Infrastructure Services (Western Australia) Pty Ltd applied for the approval of the Brand Energy and Infrastructure Services (Western Australia) Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The application for approval was made under section 235 of the Fair Work Act 2009. The dispute centred on the terms of the proposed enterprise agreement and whether it met the legal criteria for approval under the Act. The Australian Workers' Union (AWU) and the employer were the primary parties involved in the negotiations of the agreement.

The legal issues that the Commission was required to decide included whether the agreement provided for the prescribed minimum entitlements, whether the agreement had been made in good faith, and whether the agreement complied with the provisions of the Fair Work Act. The Commission also had to consider whether the agreement met the requirements of the better off overall test, which required that the employees be no worse off and at least some employees be better off financially under the new agreement compared to the previous terms.

In reaching its decision, the Commission examined the submissions from both parties and the evidence provided. It found that the agreement provided for the minimum entitlements as required by the Act. The Commission also found that the agreement was made in good faith and met the requirements of the better off overall test. It was determined that the proposed agreement offered employees improved wages and conditions while maintaining a balance between the interests of the employer and the employees. The Commission approved the agreement, noting that it provided a fair and reasonable outcome for all parties involved.

The final orders included the approval of the Brand Energy and Infrastructure Services (Western Australia) Pty Ltd Roy Hill AWU Greenfields Agreement 2014, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the terms would apply to the employees covered by the agreement. The decision was made in accordance with the provisions of the Fair Work Act 2009 and the principles of industrial relations law in Australia.

Brand Energy and Infrastructure Services (Western Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established