Eureka Personnel Pty Ltd

[2013] FWCA 7469

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eureka Personnel Pty Ltd
(AG2013/2856)

EUREKA PERSONNEL PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 2 OCTOBER 2013

Application for approval of the Eureka Personnel Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Eureka Personnel 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).

[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 and a half years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were Eureka Personnel Pty Ltd and the Australian Workers' Union (AWU). The nature of the dispute was an application for approval of the Roy Hill AWU Greenfields Agreement 2013. The case was heard by the Fair Work Commission, the relevant industrial relations tribunal in Australia.

The legal issues that the Commission was required to decide were whether the agreement met the statutory criteria for approval under the Fair Work Act 2009, specifically whether the agreement was made in good faith and whether it facilitated the objects of the Act, such as promoting high wages and conditions, and protecting workplace rights. The AWU argued that the agreement did not meet these criteria because it did not adequately protect the rights of workers.

The Commission found that the agreement did meet the statutory criteria for approval. It held that the agreement was made in good faith and facilitated the objects of the Act. The Commission found that the agreement provided for fair wages and conditions, and that it included mechanisms for resolving disputes and addressing workplace issues. The Commission also found that the agreement provided for adequate protections for workers' rights.

The orders made by the Commission were that the Roy Hill AWU Greenfields Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered for a period of five years from the date of the decision. The Commission also made orders for the payment of costs associated with the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established