EC&M Limited

[2014] FWCA 4606

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EC&M Limited
(AG2014/1694)

EC&M LIMITED ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 18 JULY 2014

Application for approval of the EC&M Limited Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the EC&M Limited 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

EC&M Limited applied to the Fair Work Commission for the approval of the EC&M Limited Roy Hill AWU Greenfields Agreement 2014. The Australian Workers’ Union (AWU) argued that the agreement was not approved as it did not meet the requirements of section 232 of the Fair Work Act 2009. The AWU contended that the agreement failed to address the requirements for enterprise agreements and that the process for its approval did not comply with the Fair Work Act.

The Commission considered the legal issues concerning the approval of enterprise agreements under the Fair Work Act, particularly focusing on whether the agreement met the necessary requirements and whether the process for its approval was valid. The Commission examined the content of the agreement to ensure it complied with the provisions of the Act and whether it was fairly negotiated. Additionally, the Commission reviewed the process by which the agreement was negotiated and approved to determine if it adhered to the legislative requirements.

The Commission found that the agreement contained provisions that were not consistent with the requirements of the Fair Work Act and that the process for its approval did not comply with the Act. Consequently, the application for approval of the agreement was dismissed. The Commission held that the agreement did not meet the necessary criteria for enterprise agreements and that the approval process was flawed.

The Fair Work Commission ordered that the application for approval of the EC&M Limited Roy Hill AWU Greenfields Agreement 2014 be dismissed. The Commission mandated that the agreement be revised to meet the requirements of the Fair Work Act and that any future approval process must comply with the legislative provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established