Cross Verwijmeren Pty Ltd

[2014] FWCA 5768

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cross Verwijmeren Pty Ltd
(AG2014/1768)

CROSS VERWIJMEREN PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 AUGUST 2014

Application for approval of the Cross Verwijmeren Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Cross Verwijmeren 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 Cross Verwijmeren Pty Ltd. The Agreement is a greenfields agreement.

[2] 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] 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 21 August 2014 and, in accordance with s.54, will operate from 28 August 2014. The nominal expiry date of the Agreement is 21 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Cross Verwijmeren Pty Ltd, the Fair Work Commission was asked to approve a workplace agreement between Cross Verwijmeren Pty Ltd and the Australian Workers' Union. The dispute centred on the terms of the Roy Hill AWU Greenfields Agreement 2014. The central issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, specifically regarding its compliance with the "better off overall test" (BOOT) and its adherence to the national minimum terms and conditions.

The Commission examined the agreement to determine if it provided employees with terms and conditions that were no worse than the applicable national workplace determination, while also ensuring that employees were better off overall. The Court evaluated whether the agreement contained provisions that were more favourable than the national minimum standards, such as those relating to pay rates, leave entitlements, and other employment terms. Additionally, the Commission considered whether the agreement met the procedural requirements for approval, including whether it had been fairly negotiated and if it included adequate provisions for dispute resolution.

After thorough analysis, the Commission concluded that the Roy Hill AWU Greenfields Agreement 2014 satisfied the BOOT and complied with the relevant national minimum terms and conditions. The agreement was deemed to provide employees with terms and conditions that were at least as good as, and in some respects better than, the national minimum standards. The Commission found that the agreement was fairly negotiated and contained appropriate dispute resolution mechanisms. Consequently, the Commission approved the agreement, finding it to be in the interests of fairness and efficiency in the workplace.

The Fair Work Commission approved the Roy Hill AWU Greenfields Agreement 2014, effective from the date of the decision. The approval was based on the finding that the agreement met the statutory requirements under the Fair Work Act 2009, including compliance with the BOOT and adherence to national minimum terms and conditions. The agreement was to apply to the employees of Cross Verwijmeren Pty Ltd working at the Roy Hill site.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established