DBD Plant Hire and Contracting Pty Ltd Summary

[2014] FWCA 7792

The attached document replaces the document previously issued with the above code on 31 October 2014.

The agreement name in the subject line has been corrected.

Dean Berman

Member Assist

Dated 5 November 2014

[2014] FWCA 7792

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DBD Plant Hire and Contracting Pty Ltd
(AG2014/7898)

DBD PLANT HIRE AND CONTRACTING PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 NOVEMBER 2014

Application for approval of the DBD Plant Hire and Contracting Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the DBD Plant Hire and Contracting 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 DBD Plant Hire and Contracting 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 31 October 2014 and, in accordance with s.54, will operate from 7 November 2014. The nominal expiry date of the Agreement is 7 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Roy Hill AWU Greenfields Agreement 2014 between DBD Plant Hire and Contracting Pty Ltd and the Australian Workers Union. The application was heard in the Fair Work Commission, where the primary issue was whether the agreement complied with the requirements of the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement was made in good faith and whether it provided for fair terms and conditions of employment. The Commission also had to consider if the agreement covered the appropriate scope of employees and if it met the criteria for being a Greenfields Agreement as defined by the Fair Work Act.

The Commission found that the agreement was made in good faith and met the requirements for a Greenfields Agreement. The agreement provided for fair terms and conditions of employment and covered the appropriate scope of employees. The Commission was satisfied that the agreement complied with the necessary legal standards and approved it. The Commission noted that the agreement included provisions for consultation and dispute resolution, which were crucial for maintaining a harmonious workplace.

The Fair Work Commission approved the Roy Hill AWU Greenfields Agreement 2014, recognising it as a fair and appropriate agreement for the employees of DBD Plant Hire and Contracting Pty Ltd. The decision underscores the importance of ensuring that agreements meet the legal criteria for good faith and fair terms, as well as the specific requirements for Greenfields Agreements.

DBD Plant Hire and Contracting Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established