Energy Power Systems Australia Pty Ltd

[2014] FWCA 4082

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Energy Power Systems Australia Pty Ltd
(AG2014/1462)

ENERGY POWER SYSTEMS AUSTRALIA PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 23 JUNE 2014

Application for approval of the Energy Power Systems Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Energy Power Systems Australia 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 years and six months from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved a dispute between Energy Power Systems Australia Pty Ltd and the Australian Workers' Union. The central issue was the application for approval of the Energy Power Systems Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 for approval.

The legal issues before the Commission included whether the agreement was genuinely negotiated, whether it provided for the appropriate minimum entitlements, and whether it aligned with the principles of the national workplace relations system. The Commission needed to consider submissions from both parties, including evidence of genuine negotiation and the fairness of the terms of the agreement.

The Fair Work Commission found that the agreement had been genuinely negotiated and met the requirements for approval under the Fair Work Act. The Commission was satisfied that the agreement provided for minimum entitlements consistent with the national workplace relations system. The Commission noted the parties' commitment to resolving issues through negotiation and the inclusion of appropriate dispute resolution mechanisms within the agreement. The Commission approved the Energy Power Systems Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2014, determining that it complied with the necessary statutory criteria.

The final orders of the Commission included the approval of the agreement and the setting aside of any previous objections or disputes regarding the terms of the agreement. The Commission also directed that the agreement be registered with the Fair Work Commission, thereby ensuring its enforceability and recognition under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established