Castleross Construction Pty Ltd Summary

[2013] FWCA 7882

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Castleross Construction Pty Ltd
(AG2013/3003)

CASTLEROSS CONSTRUCTION PTY LTD BHPB IRON ORE GROWTH PROJECTS STAGE 1 AWU GREENFIELDS AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 10 OCTOBER 2013

Application for approval of the Castleross Construction Pty Ltd BHPB Iron Ore Growth Projects Stage 1 AWU Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Castleross Construction Pty Ltd BHPB Iron Ore Growth Projects Stage 1 AWU Greenfields Agreement (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] As the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement.

[5] As the Agreement does not contain a consultation term, the model consultation term is taken to be a term of the Agreement.

[6] 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 13 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Castleross Construction Pty Ltd, the Fair Work Commission was tasked with approving the BHPB Iron Ore Growth Projects Stage 1 AWU Greenfields Agreement. The application was made by the Australian Workers Union, representing employees of Castleross Construction, seeking to establish terms and conditions for workers engaged in the BHP Billiton Iron Ore Growth Projects Stage 1. The dispute centred on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 and was fair and reasonable for the employees involved.

The primary legal issues before the Commission were whether the agreement was a "certified agreement" as defined by the Fair Work Act and whether it provided fair and reasonable terms and conditions for the employees. The Commission had to consider the balance between the interests of the employees, represented by the union, and those of the employer, Castleross Construction. This involved examining the fairness of the proposed terms, the process by which the agreement was negotiated, and the extent to which the agreement met the criteria for approval under the Act.

The Fair Work Commission determined that the proposed agreement met the statutory requirements and was fair and reasonable for the employees. The Commission found that the agreement had been negotiated in good faith and that the terms and conditions were not worse off than the applicable award or registered agreement. The Commission also noted that the agreement provided for adequate protections for employees, including provisions for wages, working hours, leave entitlements, and other conditions of employment. Based on these findings, the Commission approved the BHPB Iron Ore Growth Projects Stage 1 AWU Greenfields Agreement.

Castleross Construction Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established