Contract Electrical Pty Ltd

[2013] FWCA 6758

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Contract Electrical Pty Ltd
(AG2013/2573)

CONTRACT ELECTRICAL PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

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

Application for approval of the Contract Electrical Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Contract Electrical Pty Ltd Roy Hill AWU Greenfields Agreement 2013 (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 four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Contract Electrical Pty Ltd sought approval for the Roy Hill AWU Greenfields Agreement 2013 in the Fair Work Commission. The dispute centred around the agreement's compliance with the Fair Work Act 2009 and its fairness in terms of the rights and obligations of the parties involved. The Commission was tasked with determining whether the agreement was a genuine enterprise agreement and if it met the requirements for approval under the Act.

The legal issues primarily revolved around whether the agreement was genuinely an enterprise agreement, if it was made in good faith, and if it adhered to the procedural requirements set forth in the Fair Work Act. The Commission examined the negotiation process, the involvement of representatives, and whether there was any undue influence or coercion that could undermine the agreement's validity. Additionally, the fairness of the agreement was assessed by considering the balance of rights and obligations between the employer and employees.

The Fair Work Commission found that the Roy Hill AWU Greenfields Agreement 2013 was genuinely an enterprise agreement. It concluded that the agreement was made in good faith and that there was no procedural irregularity. The Commission noted that the negotiation process was transparent and that the agreement was fair and reasonable in all its terms. As a result, the Commission approved the agreement, deeming it compliant with the Fair Work Act.

The Fair Work Commission granted approval for the Roy Hill AWU Greenfields Agreement 2013, finding it to be a genuine enterprise agreement that met all legal requirements. The Commission's decision affirmed the agreement's validity and its compliance with the Fair Work Act. This ruling ensures that the agreement can be implemented as intended, providing a framework for the rights and obligations of the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established