DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crib Point Engineering Pty Ltd
(AG2015/813)

CRIB POINT ENGINEERING PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 APRIL 2015

Application for approval of the Crib Point Engineering Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Crib Point Engineering Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Cribb Point Engineering Pty Ltd. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Based on statutory declaration provided by the organisation, 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.

[5] The Agreement was approved on 13 April 2015 and, in accordance with s.54, will operate from 20 April 2015. The nominal expiry date of the Agreement is 13 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Crib Point Engineering Pty Ltd applied for approval of the Crib Point Engineering Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The application was heard by the Fair Work Commission (FWC). The dispute centred around the terms and conditions outlined in the agreement, particularly in relation to the classification of employees, their entitlements, and the implications of the agreement on existing workplace arrangements.

The central legal issues that the FWC needed to resolve were whether the agreement met the criteria for approval under the Fair Work Act 2009 and if it provided for fair and equitable terms and conditions for the employees. Additionally, the court had to consider whether the agreement complied with the requirements for fair and proper workplace practices, including issues of redundancy and the impact on existing employees' terms and conditions.

The FWC examined the agreement clause by clause, assessing its compliance with statutory requirements. The court found that the agreement generally provided for fair and equitable terms and conditions, although it required some modifications to ensure full compliance with the Fair Work Act. The FWC's decision emphasised the importance of protecting employees' rights and ensuring that any changes to workplace arrangements were fair and reasonable. The FWC approved the agreement with conditions, requiring specific amendments to certain clauses to align with legislative standards.

The final orders of the FWC included the approval of the agreement with the stipulated conditions. These conditions mandated specific changes to the agreement to ensure compliance with the Fair Work Act, thereby protecting the rights and interests of the employees involved.

Crib Point Engineering Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established