Eastern Contracting Pty Ltd

[2014] FWCA 1238

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eastern Contracting Pty Ltd
(AG2014/3691)

EASTERN CONTRACTING 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 Eastern Contracting Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Eastern Contracting 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

Eastern Contracting Pty Ltd sought approval for the Roy Hill AWU Greenfields Agreement 2014 from the Fair Work Commission (FWC). The agreement was a collective agreement between Eastern Contracting Pty Ltd and the Australian Workers' Union (AWU) concerning employees working on the Roy Hill project in Western Australia. The dispute centred around whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the Roy Hill AWU Greenfields Agreement 2014 complied with the provisions of the Fair Work Act, specifically regarding the authorisation of bargaining agents, the scope of the agreement, and its alignment with the provisions of the Act. The FWC had to consider whether the agreement was genuinely negotiated and whether it met the criteria for approval, including ensuring it did not undermine the provisions of the Act.

In determining the approval of the agreement, the FWC considered the evidence provided by both parties and examined the contents of the agreement. The FWC noted that the agreement was genuinely negotiated between the parties and that the bargaining representatives had the necessary authority to negotiate on behalf of the employees. The FWC also assessed the terms and conditions of the agreement to ensure they were in line with the provisions of the Act and did not undermine the minimum standards set by the Act. The FWC concluded that the agreement met the requirements for approval, and thus granted the approval sought by Eastern Contracting Pty Ltd.

The FWC approved the Roy Hill AWU Greenfields Agreement 2014, subject to any necessary modifications to ensure compliance with the Fair Work Act. This decision provided certainty to both parties and ensured that the agreement was in line with the provisions of the Act, protecting the rights of employees and employers in the context of the Roy Hill project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established