Crushing Services International Pty Ltd

[2013] FWCA 3023

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crushing Services International Pty Ltd
(AG2013/1074)

CRUSHING SERVICES INTERNATIONAL PTY LTD GREATER NAMMULDI PROJECT AWU 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 AWU 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 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 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 AWU Greenfields Agreement 2013. The application was brought before the Fair Work Commission. The nature of the dispute centred on the validity and enforceability of the agreement, which was intended to regulate employment conditions within the company’s operations.

The legal issues before the Commission involved whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of the proper procedures followed during the negotiation process, the scope of the agreement, and its compliance with the relevant industrial relations laws. Specifically, the Commission had to consider whether the agreement was made in good faith, whether it was appropriately registered, and whether it appropriately reflected the interests of the employees and the employer.

The Fair Work Commission examined the procedural fairness of the negotiation process and found that the company had acted in good faith and followed the necessary procedural steps. The Commission also assessed the content of the agreement and determined that it was comprehensive and appropriately covered the employment conditions for the employees. After reviewing all the evidence and submissions, the Commission concluded that the agreement met the statutory requirements and was valid and enforceable. The Commission approved the agreement, allowing it to be registered and implemented.

The final orders of the Commission were to approve the Crushing Services International Pty Ltd Greater Nammuldi Project AWU Greenfields Agreement 2013 for registration, confirming its enforceability and compliance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established