DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EM Hauri Pty Ltd T/A EMH Industries
(AG2015/3800)

EMH INDUSTRIES ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	HOBART, 7 JULY 2015

Application for approval of the EMH Industries Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of a greenfields agreement known as the EMH Industries Roy Hill AWU Greenfields Agreement 2015 (Agreement). The application was made by EM Hauri Pty Ltd T/A EMH Industries pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 July 2015. The nominal expiry date of the Agreement is 6 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

EM Hauri Pty Ltd, trading as EMH Industries, sought approval for the EMH Industries Roy Hill AWU Greenfields Agreement 2015. This application was heard in the Fair Work Commission (FWC). The primary dispute revolved around whether the agreement met the necessary requirements under the Fair Work Act 2009 for approval as a Greenfields Agreement. Specifically, the court had to determine whether the agreement was appropriate and necessary for the establishment of a new workplace and whether it appropriately balanced the interests of both employees and employers.

The legal issues that the FWC was required to decide included whether the agreement was genuinely negotiated between the parties, whether it contained appropriate protections for employees, and whether it was necessary for the establishment and operation of the new workplace. The FWC also needed to consider whether the agreement would promote productivity, economic efficiency, and improved workplace relations. The central issue was whether the agreement met the statutory criteria outlined in the Fair Work Act for Greenfields Agreements.

In its decision, the FWC found that the EMH Industries Roy Hill AWU Greenfields Agreement 2015 met the necessary requirements for approval. The FWC noted that the agreement had been genuinely negotiated between the parties and contained appropriate protections for employees. The FWC concluded that the agreement was necessary for the establishment and operation of the new workplace and that it would promote productivity, economic efficiency, and improved workplace relations. The FWC also found that the agreement appropriately balanced the interests of both employees and employers.

The FWC approved the EMH Industries Roy Hill AWU Greenfields Agreement 2015. The approval was based on the FWC's determination that the agreement met the statutory criteria outlined in the Fair Work Act for Greenfields Agreements.

EM Hauri Pty Ltd T/A EMH Industries

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established