Complete Hire & Sales Pty Ltd T/A Complete Hire & Sales Pty Ltd

[2014] FWCA 2887

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Complete Hire & Sales Pty Ltd T/A Complete Hire & Sales Pty Ltd
(AG2014/930)

COMPLETE HIRE & SALES PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 12 MAY 2014

Applicant for approval of the Complete Hire & Sales Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Complete Hire & Sales Pty Ltd 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

Complete Hire & Sales Pty Ltd, trading as Complete Hire & Sales Pty Ltd, applied for approval of the Complete Hire & Sales Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The application was heard by the Fair Work Commission, with Commissioner McCabe presiding. The applicant sought approval of the agreement under section 236 of the Fair Work Act 2009, which requires the Commission to approve a registered agreement if it is satisfied that the agreement is appropriate for the purposes of the Act and complies with certain procedural requirements.

The legal issues before the Commission were whether the agreement was appropriately registered, whether the agreement was appropriately registered, and whether the agreement met the requirements of the Fair Work Act 2009. The applicant argued that the agreement was appropriately registered and met all requirements of the Act. The Commission considered the submissions of the parties and relevant evidence and found that the agreement was appropriately registered and met all requirements of the Act.

The Commission approved the Complete Hire & Sales Pty Ltd Roy Hill AWU Greenfields Agreement 2014, finding that it was appropriately registered and met all requirements of the Fair Work Act 2009. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement and that it was appropriately registered. The Commission also noted that the agreement provided for a transparent and accountable process for resolving workplace disputes and that it was in the best interests of the employees covered by the agreement. The Commission approved the agreement, finding that it was appropriate for the purposes of the Act and complied with all relevant requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established