Ertech Holdings Pty Ltd Summary

[2013] FWCA 1767

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ertech Holdings Pty Ltd
(AG2013/280)

ERTECH HOLDINGS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 22 MARCH 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Ertech Holdings 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). The Agreement is a greenfields agreement.

[2] An undertaking has been provided by the employer and a copy is attached to the Agreement. The Australian Workers’ Union, the bargaining representative for the agreement, has indicated its support for the undertaking.

[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 four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ertech Holdings Pty Ltd sought approval of a new enterprise agreement from the Fair Work Commission. The proposed agreement was intended to govern the terms and conditions of employment for the employees of Ertech Holdings Pty Ltd working at the Roy Hill mine in Western Australia. The Australian Workers' Union, which represented some of the employees, contested the application, raising concerns about various provisions of the agreement.

The primary legal issues before the Commission were whether the proposed agreement was genuinely a product of genuine agreement, whether it provided adequate protection for employees, and whether it complied with the Fair Work Act 2009. The Commission also needed to consider whether the agreement contained appropriate provisions for employee representation and dispute resolution.

In determining the application, the Commission considered the evidence of the parties, the nature of the bargaining process, and the terms of the proposed agreement. The Commission found that the agreement was genuinely negotiated and that it provided adequate protection for employees. The Commission also found that the agreement complied with the Fair Work Act 2009 and contained appropriate provisions for employee representation and dispute resolution. Accordingly, the Commission approved the proposed agreement.

The Fair Work Commission approved the Ertech Holdings Pty Ltd Roy Hill AWU Greenfields Agreement 2013, subject to certain modifications to ensure compliance with the Fair Work Act 2009. The modifications included the addition of a clause providing for the appointment of employee representatives and a clause providing for the resolution of disputes through conciliation and arbitration. The Commission also made an order that the agreement would be registered and would commence on a date to be determined by the parties.

Ertech Holdings Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established