Eastcoast Development Engineering Pty Ltd

[2014] FWCA 3768

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eastcoast Development Engineering Pty Ltd
(AG2014/1252)

EASTCOAST DEVELOPMENT ENGINEERING PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 6 JUNE 2014

Application for approval of the Eastcoast Development Engineering Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Eastcoast Development 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 this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the case of Eastcoast Development Engineering Pty Ltd was heard, concerning an application for approval of the Eastcoast Development Engineering Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The applicant, Eastcoast Development Engineering Pty Ltd, sought approval of an enterprise agreement that it had negotiated with the Australian Workers' Union. The dispute centred around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, specifically whether the agreement was in the best interests of the employees and whether it complied with the procedural fairness requirements.

The legal issues before the commission included whether the agreement was genuinely negotiated and whether it contained the necessary provisions for employees' pay, conditions, and other entitlements. The commission also needed to determine if the agreement was free from any coercive conduct and if it provided adequate protections for employees. Furthermore, the commission had to assess whether the agreement met the "better off overall test," ensuring that employees would be no worse off financially if the agreement was implemented.

The commission carefully examined the process through which the agreement was negotiated and concluded that the applicant had genuinely negotiated the agreement. It was found that the agreement contained the required provisions for employees' pay, conditions, and entitlements, and it met the better off overall test. The commission also determined that the agreement was free from coercive conduct and provided adequate protections for employees. Given these findings, the commission approved the Eastcoast Development Engineering Pty Ltd Roy Hill AWU Greenfields Agreement 2014, considering it to be in the best interests of the employees and compliant with the Fair Work Act 2009. The commission's decision was based on the evidence presented, which demonstrated that the agreement was negotiated fairly and met all statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established