Diverse Tank Engineering Pty Ltd Summary

[2014] FWCA 1111

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Diverse Tank Engineering Pty Ltd
(AG2014/264)

DIVERSE TANK ENGINEERING PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 19 FEBRUARY 2014

Application for approval of the Diverse Tank Engineering Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Diverse Tank Engineering 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 the decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Diverse Tank Engineering Pty Ltd applied for approval of the Diverse Tank Engineering Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The applicant, Diverse Tank Engineering Pty Ltd, is an engineering firm that had entered into an enterprise agreement with the Australian Workers' Union (AWU), the representative of employees at the Roy Hill mine. The proposed agreement included provisions for the establishment of a new enterprise, with specific terms relating to wages, working conditions, and other employment matters. The application for approval of the agreement was brought before the Fair Work Commission (FWC), an Australian federal statutory authority responsible for the resolution of workplace disputes and the promotion of fair work practices.

The legal issues before the FWC were whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically that it provided for a fair and reasonable method for determining wages and conditions, and whether it was an appropriate means of facilitating the efficient and productive operation of the enterprise. The FWC also considered whether the agreement was in the public interest, taking into account factors such as its potential impact on the economy, employment, and industrial relations.

In deciding the application, the FWC examined the terms and provisions of the agreement, including the bargaining process that led to its creation. The FWC found that the agreement contained provisions that were fair and reasonable, and that it was an appropriate means of facilitating the efficient and productive operation of the enterprise. The FWC also considered the potential impact of the agreement on the economy, employment, and industrial relations, and found that it was in the public interest. The FWC approved the Diverse Tank Engineering Pty Ltd Roy Hill AWU Greenfields Agreement 2014, subject to certain modifications to ensure compliance with the Fair Work Act.

The FWC's final orders included the approval of the agreement, subject to modifications, and the setting aside of any previous orders that were inconsistent with the approval. The FWC also made orders to ensure compliance with the agreement, including provisions for the payment of wages and the provision of working conditions. The FWC's decision provides guidance for employers and employees on the requirements for the approval of enterprise agreements under the Fair Work Act.

Diverse Tank Engineering Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established