CORRECTION TO DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Electrix Pty Ltd
(AG2015/446)

ELECTRIX PTY LTD MORETON BAY RAIL PROJECT WORKS AGREEMENT 2015

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 17 MARCH 2015

Application for approval of the Electrix Pty Ltd Moreton Bay Rail Project Works Agreement 2015.

The decision issued by the Fair Work Commission on 17 March 2015 [2015] FWCA 1814 is corrected as follows:

1. By deleting the year “2016” where it appears in paragraph [4] and inserting “2015” in its place.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Electrix Pty Ltd applied for approval of the Moreton Bay Rail Project Works Agreement 2015. This agreement was made under section 185 of the Fair Work Act 2009 and related to the electrical contracting industry. The application was heard by Deputy President Lawrence in Sydney on 17 March 2015. The main dispute was whether the proposed agreement met the criteria for a greenfields agreement as required by the Act.

The legal issues before the court involved whether the agreement was genuinely intended to be a greenfields agreement and whether it provided for fair and efficient terms and conditions for the workers involved. The court had to consider the provisions of the Fair Work Act and assess whether the agreement would promote good industrial relations and economic efficiency.

Deputy President Lawrence concluded that the agreement met the requirements of the Fair Work Act and approved the agreement. The Deputy President found that the agreement provided for fair and efficient terms and conditions for the workers and promoted good industrial relations. The court also noted that the agreement was genuinely intended to be a greenfields agreement. The Deputy President also corrected a typographical error in the original decision by changing the year from 2016 to 2015.

The court approved the agreement, which means that it can now be used as a basis for employment in the electrical contracting industry for the Moreton Bay Rail Project. This decision provides certainty and stability for both the employer and the employees involved in the project.

ELECTRIX PTY LTD MORETON BAY RAIL PROJECT WORKS AGREEMENT 2015

CORRECTION TO DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established