Electrimech Industrial Pty Ltd Summary

[2014] FWCA 3562

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electrimech Industrial Pty Ltd
(AG2014/1206)

ELECTRIMECH INDUSTRIAL PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

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

Application for approval of the Electrimech Industrial Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

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

Electrimech Industrial Pty Ltd recently had an application for the approval of its Roy Hill AWU Greenfields Agreement 2014 heard in the Fair Work Commission. The application was brought by the company, seeking to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The Australian Workers’ Union opposed the application, contending that the agreement was not genuinely negotiated and was not in the best interests of the employees.

The central issue before the Commission was whether the agreement was genuinely negotiated between the employer and the employees, as well as whether it was in the best interests of the employees. The Commission considered evidence from both parties and assessed the process through which the agreement was developed. The company argued that the agreement was the result of good faith negotiations, while the union contended that the process was flawed and did not adequately represent the employees' interests.

The Fair Work Commission found that the agreement had indeed been genuinely negotiated. The Commission noted that there was evidence of a collaborative process between the parties, with multiple rounds of discussions and amendments made in response to the union’s feedback. The Commission also determined that the agreement was in the best interests of the employees, as it provided for improved working conditions and wages, and addressed key concerns raised by the union. The Commission concluded that the agreement met the requirements of the Fair Work Act and approved it as a registered agreement.

The final orders of the Commission included the approval of the Roy Hill AWU Greenfields Agreement 2014 as a registered agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to all employees covered by the agreement. The decision provided clarity for both the employer and employees, ensuring that the agreement would be legally binding and enforceable under the Fair Work Act.

Electrimech Industrial Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established