Central Systems Pty Ltd

[2014] FWCA 3140

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Systems Pty Ltd
(AG2014/5951)

CENTRAL SYSTEMS PTY LTD NORTH STAR STAGE 1 PROJECT AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 20 MAY 2014

Application for approval of the Central Systems Pty Ltd North Star Stage 1 Project AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Central Systems Pty Ltd North Star Stage 1 Project 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 two years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Central Systems Pty Ltd, a construction company, seeking approval of the Central Systems Pty Ltd North Star Stage 1 Project AWU Greenfields Agreement 2014. The Australian Workers’ Union, as the representative of certain employees, opposed the application. The dispute centred on the terms of the proposed enterprise agreement, particularly those related to the classification and remuneration of employees involved in the project.

The legal issues for determination were whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically sections 230 and 231, which pertain to the approval of an enterprise agreement. The court had to examine whether the agreement provided for fair and reasonable terms and conditions, and whether it was consistent with the provisions of the Act. The focus was on the classification of workers and the proposed wage rates, as well as the impact these terms would have on the employees involved.

The Commission considered the submissions from both parties and examined the evidence presented. The court noted that the agreement contained provisions that were consistent with the principles of the Fair Work Act, and that the terms proposed were fair and reasonable. The Commission found that the proposed classification and remuneration of employees were appropriate, taking into account industry standards and the nature of the work involved. The Commission approved the application, finding that the proposed agreement met the necessary criteria and was in the best interests of the employees and the employer.

The final orders of the Commission were that the Central Systems Pty Ltd North Star Stage 1 Project AWU Greenfields Agreement 2014 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered by the Registrar of the Fair Work Commission and would come into effect on the date of registration. The decision provided clarity and certainty for both the employer and the employees involved in the project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established