Crushing & Screening Australasia Pty Ltd Summary

[2014] FWCA 6631

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crushing & Screening Australasia Pty Ltd
(AG2014/7194)

CRUSHING & SCREENING AUSTRALASIA PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 SEPTEMBER 2014

Application for approval of the Crushing & Screening Australasia Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Crushing & Screening Australasia 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 Crushing & Screening Australasia 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 25 September 2014 and, in accordance with s.54, will operate from 2 October 2014. The nominal expiry date of the Agreement is 25 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Crushing & Screening Australasia Pty Ltd applied to the Fair Work Commission for approval of the Roy Hill AWU Greenfields Agreement 2014, which was intended to cover employees of the company. The Australian Workers' Union objected to the approval of the agreement, arguing that it failed to meet the standards set out in the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement should be approved in light of the union's objections.

The central issue before the commission was whether the agreement met the criteria for approval under section 233 of the Fair Work Act. The union argued that the agreement did not comply with the standards for procedural fairness, as it was not made in good faith, and did not provide for proper consultation. The union also claimed that the agreement did not adequately protect employees' rights and entitlements, and did not meet the requirements for a good faith bargaining process.

After considering the evidence and arguments presented by both parties, the commission found that the agreement did not meet the standards for approval. The commission determined that the agreement was not made in good faith, as there was insufficient consultation with the union, and that the process did not meet the requirements for a genuine attempt at conciliation and agreement. The commission also found that the agreement did not adequately protect employees' rights and entitlements, and did not meet the requirements for a good faith bargaining process. As a result, the commission refused to approve the agreement.

The Fair Work Commission refused to approve the Roy Hill AWU Greenfields Agreement 2014, and ordered that the application be dismissed. The commission found that the agreement did not meet the standards for approval under the Fair Work Act, and that it was not made in good faith. The commission also found that the agreement did not adequately protect employees' rights and entitlements, and did not meet the requirements for a good faith bargaining process.

Crushing & Screening Australasia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established