Crushing Services International Pty Ltd

[2013] FWCA 3025

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crushing Services International Pty Ltd
(AG2013/1073)

CRUSHING SERVICES INTERNATIONAL PTY LTD GREATER NAMMULDI PROJECT AMWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 15 MAY 2013

Application for approval of the Crushing Services International Pty Ltd Greater Nammuldi Project AMWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Crushing Services International Pty Ltd Greater Nammuldi Project AMWU 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 two years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Crushing Services International Pty Ltd applied for approval of the Crushing Services International Pty Ltd Greater Nammuldi Project AMWU Greenfields Agreement 2013. The Australian Manufacturing Workers' Union (AMWU) sought to have the agreement approved under section 234 of the Fair Work Act 2009. The AMWU argued that the agreement would allow them to have a direct and ongoing role in the management of the workplace, and that it would provide for the resolution of workplace issues in a timely and effective manner. The dispute centred on whether the agreement met the requirements of section 234 of the Fair Work Act.

The court considered whether the agreement provided for a direct and ongoing role for the union in the management of the workplace, and whether it provided for the resolution of workplace issues in a timely and effective manner. The court also considered whether the agreement was in accordance with the Fair Work Act and whether it met the requirements of section 234. The court found that the agreement did meet the requirements of section 234, as it provided for a direct and ongoing role for the union in the management of the workplace, and for the resolution of workplace issues in a timely and effective manner. The court also found that the agreement was in accordance with the Fair Work Act and met the requirements of section 234.

The court approved the agreement and made an order under section 234 of the Fair Work Act approving the agreement. The order was made on the basis that the agreement met the requirements of section 234, and was in accordance with the Fair Work Act. The court found that the agreement provided for a direct and ongoing role for the union in the management of the workplace, and for the resolution of workplace issues in a timely and effective manner. The court also found that the agreement was in accordance with the Fair Work Act and met the requirements of section 234.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established