Electrix Pty Ltd Summary

[2014] FWCA 875

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electrix Pty Ltd
(AG2014/3505)

ELECTRIX PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 5 FEBRUARY 2014

Application for approval of the Electrix Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Electrix Pty Ltd Roy Hill AWU Greenfields Agreement 2013 (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

Electrix Pty Ltd applied for approval of the Electrix Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The applicant and the Australian Workers' Union (AWU) had negotiated the agreement which was intended to apply to employees of the applicant who were members of the AWU. The application was opposed by the Electrical Trades Union (ETU), which claimed to be the appropriate union for the employees. The court was required to determine whether the agreement was an "enterprise agreement" within the meaning of the Fair Work Act 2009 (Cth) and whether it was in the best interests of the employees to be covered by the agreement.

The court found that the agreement was an enterprise agreement as it was negotiated between the applicant and the AWU in good faith and covered a range of employees employed in the Roy Hill Greenfields project. The court rejected the ETU's claim that it was the appropriate union for the employees and found that the AWU was the appropriate union. The court found that the agreement was in the best interests of the employees as it provided for reasonable terms and conditions of employment, including pay rates and other benefits. The court also found that the agreement was not likely to have a detrimental effect on the employees' rights and freedoms.

The court approved the agreement and made orders for its registration. The ETU's appeal against the court's decision was dismissed. The agreement provides for the terms and conditions of employment for the employees of the applicant who are members of the AWU. The agreement includes provisions for pay rates, leave entitlements, and other benefits. The agreement also includes provisions for the resolution of disputes and the protection of employees' rights and freedoms. The agreement is intended to provide for a stable and productive working environment for the employees of the applicant.

Electrix Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established