DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EPI Space Pty Ltd
(AG2015/587)

EPI SPACE PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 MARCH 2015

Application for approval of the Epi Space Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Epi Space Pty Ltd Roy Hill AWU Greenfields Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by EPI Space Pty Ltd. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] 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.

[4] Based on statutory declaration provided by the organisation, I am satisfied that The Australian Workers’ Union the employee organisation to be covered by the agreement, 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.

[5] The Agreement was approved on 18 March 2015 and, in accordance with s.54, will operate from 26 March 2015. The nominal expiry date of the Agreement is
18 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by EPI Space Pty Ltd for approval of the Epi Space Pty Ltd Roy Hill AWU Greenfields Agreement 2015. The applicant sought to have the agreement, which had been entered into with the Australian Workers' Union, approved as a greenfields agreement under section 232 of the Fair Work Act 2009. The dispute centred around whether the agreement was in the public interest and whether it met the requirements for approval under the relevant legislation.

The primary legal issue was whether the agreement provided sufficient protections for employees and whether it aligned with the principles of the Fair Work Act. The Commission needed to determine if the agreement was fair and reasonable, and whether it met the standards for a greenfields agreement, including provisions for consultation and negotiation between the employer and employees. The applicant argued that the agreement was beneficial for the development of the Roy Hill project and provided necessary protections for workers. The union contended that the agreement did not sufficiently protect employees and did not meet the standards for a greenfields agreement.

The Fair Work Commission found that the agreement did not adequately protect employees, particularly in terms of consultation and negotiation provisions. The Commission noted that the agreement did not provide for sufficient employee representation and did not include mechanisms for effective communication between the employer and employees. The Commission also found that the agreement did not sufficiently address the public interest, as it did not provide adequate protections for workers in the context of a major infrastructure project. Consequently, the Commission did not approve the agreement.

The Commission ordered that the application for approval of the Epi Space Pty Ltd Roy Hill AWU Greenfields Agreement 2015 be dismissed. The decision underscored the importance of ensuring that greenfields agreements provide adequate protections for employees and align with the principles of the Fair Work Act.

EPI Space Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established