Coalcliff Plant Hire and Civil Contracting

[2014] FWCA 3772

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coalcliff Plant Hire and Civil Contracting
(AG2014/1254)

COALCLIFF PLANT HIRE AND CIVIL CONTRACTING ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 6 JUNE 2014

Application for approval of the Coalcliff Plant Hire and Civil Contracting Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Coalcliff Plant Hire and Civil Contracting Roy Hill 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 three and a half years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coalcliff Plant Hire and Civil Contracting sought approval for the Roy Hill AWU Greenfields Agreement 2014 from the Fair Work Commission. The dispute involved the terms of the proposed agreement and whether it complied with the relevant industrial relations laws. The Fair Work Commission was the court that presided over the case.

The primary legal issues before the Commission were whether the proposed agreement provided adequate protections for employees and whether it complied with the Fair Work Act 2009. In particular, the Commission needed to determine if the agreement adequately covered matters such as minimum wages, working conditions, and dispute resolution mechanisms. The Commission also had to assess whether the agreement had been fairly negotiated and whether it was in the best interests of the employees.

The Commission carefully examined the terms of the proposed agreement and considered submissions from both Coalcliff and the Australian Workers' Union. The Commission found that the agreement provided fair and reasonable protections for employees, including provisions for minimum wages and conditions that were consistent with industry standards. The Commission also found that the agreement had been negotiated in good faith and that it was in the best interests of the employees. Therefore, the Commission approved the Coalcliff Plant Hire and Civil Contracting Roy Hill AWU Greenfields Agreement 2014.

The Fair Work Commission approved the agreement, finding that it provided fair and reasonable protections for employees and that it was in their best interests. The Commission's decision was based on a detailed analysis of the agreement's terms and consideration of submissions from both parties. The approval of the agreement means that it will now be binding on all employees covered by it, and Coalcliff and the Australian Workers' Union can proceed with implementing its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established