DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Can Civil and Construction Pty Ltd
(AG2015/429)

CAN CIVIL AND CONSTRUCTION PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 MARCH 2015

Application for approval of the Can Civil and Construction Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Can Civil and Construction Pty Ltd Roy Hill AWU Greenfields Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Can Civil and Construction Pty Ltd. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Based on statutory declaration provided by the organisation, 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.

[5] The Agreement was approved on 5 March 2015 and, in accordance with s.54, will operate from 12 March 2015. The nominal expiry date of the Agreement is 5 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Can Civil and Construction Pty Ltd for the approval of the Can Civil and Construction Pty Ltd Roy Hill AWU Greenfields Agreement 2015. This agreement was a key part of a broader collective bargaining arrangement between the employer and the Australian Workers Union, concerning terms and conditions for workers at the Roy Hill mining project. The dispute centred around the validity and enforceability of the agreement, specifically focusing on whether it complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was a genuine enterprise agreement, whether it was appropriately certified as a single interest employer agreement, and whether it complied with the procedural and substantive requirements under the Fair Work Act. The Commission had to determine if the process by which the agreement was reached was fair and lawful, and if the terms of the agreement were consistent with the statutory framework governing industrial relations.

The Fair Work Commission found that the Can Civil and Construction Pty Ltd Roy Hill AWU Greenfields Agreement 2015 was indeed a genuine enterprise agreement. It concluded that the agreement was appropriately certified as a single interest employer agreement, and that the process of its formation was fair and complied with the necessary procedural requirements. The Commission also found that the terms of the agreement were consistent with the provisions of the Fair Work Act, including those related to minimum wages, conditions, and other industrial matters. Accordingly, the Commission approved the agreement.

The Commission's decision was that the Can Civil and Construction Pty Ltd Roy Hill AWU Greenfields Agreement 2015 was approved and would come into effect on the date specified within the agreement. This approval ensured that the terms of the agreement would be binding on the employer and the employees covered by the agreement.

Can Civil and Construction Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established