Category 5 Labour Management

[2014] FWCA 793

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Category 5 Labour Management
(AG2013/10353)

CATEGORY 5 LABOUR MANAGEMENT PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 FEBRUARY 2014

Application for approval of the Category 5 Labour Management Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Category 5 Labour Management Pty Ltd Roy Hill AWU Greenfields Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Category 5 Labour Management 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 3 February 2014 and, in accordance with s.54, will operate from 10 February 2014. The nominal expiry date of the Agreement is 3 August 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for approval of a greenfield agreement between the employer, Category 5 Labour Management Pty Ltd, and the Australian Workers' Union. The application was heard in the Fair Work Commission. The dispute centred on whether the agreement met the statutory requirements for a greenfield agreement under the Fair Work Act 2009. Specifically, the issues included whether the agreement provided for the fair treatment of employees and compliance with relevant employment standards.

The Commission considered the provisions of the proposed agreement and the arguments presented by both parties. It examined whether the agreement provided adequate protections for employees, including terms related to employment conditions, dispute resolution, and workplace health and safety. The Commission also assessed whether the agreement was consistent with the principles of the National Employment Standards and the applicable industrial instruments. After evaluating the evidence and submissions, the Commission concluded that the agreement largely met the statutory requirements for approval. The Commission found that the agreement provided for fair treatment of employees and did not contravene relevant employment standards.

The Commission approved the Category 5 Labour Management Pty Ltd Roy Hill AWU Greenfields Agreement 2013, subject to certain conditions. The approval was contingent upon the employer ensuring that the agreement was effectively communicated to all employees and that it was properly implemented. The Commission also imposed a requirement for ongoing monitoring to ensure compliance with the agreement and relevant employment standards. The final orders included the approval of the agreement, subject to the specified conditions, and a direction for the employer to take necessary steps to ensure proper implementation and monitoring.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established