Crushing Services International Pty Ltd Summary

[2013] FWCA 3020

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crushing Services International Pty Ltd
(AG2013/1075)

CRUSHING SERVICES INTERNATIONAL PTY LTD GREATER NAMMULDI PROJECT CFMEU 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 CFMEU 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 CFMEU 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 sought approval for the Crushing Services International Pty Ltd Greater Nammuldi Project CFMEU Greenfields Agreement 2013 from the Fair Work Commission. The Australian Manufacturing Workers' Union contested the application, arguing the agreement did not meet the requirements under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement was a genuine enterprise agreement and if it complied with the relevant statutory provisions.

The court had to consider whether the agreement was genuinely negotiated between the parties, whether it contained the necessary minimum terms and conditions, and if the agreement was in the best interest of the employees. The Commission examined the process of negotiation, the content of the agreement, and whether there was adequate consultation and disclosure during the negotiation process. The Commission also assessed whether the agreement provided for a fair and reasonable outcome for the employees.

The Fair Work Commission found that the agreement was genuinely negotiated and contained the necessary minimum terms and conditions. The Commission determined that the negotiation process was appropriate and that there was adequate consultation and disclosure. The court concluded that the agreement was in the best interest of the employees and approved the application for the agreement. The Commission's decision was based on the evidence presented and the application of the relevant statutory provisions.

The Fair Work Commission approved the Crushing Services International Pty Ltd Greater Nammuldi Project CFMEU Greenfields Agreement 2013. The Commission found that the agreement was genuinely negotiated, contained the necessary minimum terms and conditions, and was in the best interest of the employees. The decision was based on the evidence presented and the application of the relevant statutory provisions.

Crushing Services International Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established