DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Doolee Construction Pty Ltd T/A Doolee Construction
(AG2015/5161)

DOOLEE CONSTRUCTION PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 8 OCTOBER 2015

Application for approval of the Doolee Construction Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise Agreement known as the Doolee Construction Pty Ltd Roy Hill AWU Greenfields Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Doolee Construction Pty Ltd T/A Doolee Construction.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union 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.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] Pursuant to s.53(2)(b) I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54, will operate from 15 October 2015. The nominal expiry date of the Agreement is 8 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Doolee Construction Pty Ltd, trading as Doolee Construction, applied to the Fair Work Commission for the approval of the Doolee Construction Pty Ltd Roy Hill AWU Greenfields Agreement 2015. The applicant sought to have the agreement approved under section 234 of the Fair Work Act 2009. The dispute centred around the validity and fairness of the terms outlined in the agreement between the applicant and the Australian Workers' Union.

The central legal issues before the court were whether the agreement was appropriately negotiated and whether it met the criteria for approval under the Fair Work Act. Specifically, the court had to determine if the agreement was genuinely bargained for, if it provided for a fair and efficient workplace, and if it complied with the requirements of the Act. Additionally, the court considered whether the agreement adhered to the principles of procedural fairness and if it appropriately balanced the interests of both the employer and the employees.

The Fair Work Commission found that the agreement was genuinely negotiated and met the criteria for approval. The Commission concluded that the agreement provided for a fair and efficient workplace and was in compliance with the Fair Work Act. The Commission also found that the agreement adhered to the principles of procedural fairness and appropriately balanced the interests of both parties. Consequently, the Commission approved the Doolee Construction Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

The final orders of the Fair Work Commission were that the Doolee Construction Pty Ltd Roy Hill AWU Greenfields Agreement 2015 be approved as a registered agreement under section 171 of the Fair Work Act. The agreement was to be registered on the condition that any changes to the agreement would need to be re-approved by the Commission. This decision provided clarity for both parties and established a framework for future negotiations and compliance.

Doolee Construction Pty Ltd T/A Doolee Construction

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established