DTMT Projects Pty Ltd

[2014] FWCA 2157

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DTMT Projects Pty Ltd
(AG2014/708)

DTMT PROJECTS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 3 APRIL 2014

Application for approval of the DTMT Projects Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the DTMT Projects 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 applicant, DTMT Projects Pty Ltd, sought approval of the Roy Hill AWU Greenfields Agreement 2014 from the Federal Circuit and Family Court of Australia. The dispute centred on whether the agreement was in accordance with the Fair Work Act 2009 and if it appropriately balanced the interests of the employer and employees. The court had to determine if the agreement was made in good faith, provided for a fair and efficient workplace, and adhered to the relevant provisions of the Act.

The primary legal issues before the court were the interpretation and application of the provisions of the Fair Work Act 2009, particularly in relation to good faith bargaining, the fair and efficient operation of the workplace, and the overarching objective of promoting the economic well-being of employees. The court had to assess whether the agreement met these criteria and whether it was appropriate to approve the agreement given the evidence presented.

The court found that the agreement demonstrated good faith bargaining and was consistent with the principles of the Act. It provided for a fair and efficient workplace and promoted the economic well-being of employees. The court considered the arguments and submissions from both parties and concluded that the agreement was in line with the requirements of the Act. The court approved the Roy Hill AWU Greenfields Agreement 2014, finding it to be a fair and reasonable agreement that met the necessary legal standards.

The court's decision was based on a detailed examination of the evidence and arguments presented by both parties. The court found that the agreement was made in good faith and was consistent with the principles of the Fair Work Act 2009. The agreement provided for a fair and efficient workplace and promoted the economic well-being of employees. The court approved the agreement, and it became effective from the date of the court's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established