DAQ Contracting Pty Ltd

[2014] FWCA 873

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DAQ Contracting Pty Ltd
(AG2014/194)

DAQ CONTRACTING PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 5 FEBRUARY 2014

Application for approval of the DAQ Contracting Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the DAQ Contracting Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (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 three and a half years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the DAQ Contracting Pty Ltd Roy Hill AWU Greenfields Agreement 2014 was brought before the Fair Work Commission. The dispute centred around the terms and conditions outlined in the agreement between the applicant, DAQ Contracting Pty Ltd, and the Australian Workers' Union (AWU). The applicant sought to have the agreement recognised as a lawful and fair industrial instrument, applicable to its employees working at the Roy Hill project.

The legal issues at hand required the commission to determine whether the agreement provided fair and reasonable terms for the employees and whether it complied with the provisions of the Fair Work Act 2009. This included assessing the agreement's provisions against the Fair Work (Registered Organisations) Act 2009, which mandates that registered organisations must act in the best interests of their members. The commission also needed to ensure the agreement did not undermine the basic rights of employees, including the right to bargain collectively and the right to take industrial action.

In its reasoning, the commission considered the arguments presented by both parties. It examined the nature of the work performed by the employees, the terms of employment, and the extent to which the agreement provided for fair and reasonable terms. The commission highlighted the importance of protecting the basic rights of employees while ensuring that employers could operate efficiently. After careful consideration, the commission concluded that the agreement provided fair and reasonable terms for the employees and did not undermine their basic rights. It found that the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The commission approved the DAQ Contracting Pty Ltd Roy Hill AWU Greenfields Agreement 2014, effective from the date of the decision. This approval recognised the agreement as a lawful and fair industrial instrument for the employees of DAQ Contracting Pty Ltd working at the Roy Hill project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established