DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fast Track Welding Pty Ltd
(AG2015/236)

FAST TRACK WELDING PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 FEBRUARY 2015

Application for approval of the Fast Track Welding Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Fast Track Welding 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 Fast Track Welding 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 17 February 2015 and, in accordance with s.54, will operate from 24 February 2015. The nominal expiry date of the Agreement is
16 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fast Track Welding Pty Ltd recently sought approval for the Fast Track Welding Pty Ltd Roy Hill AWU Greenfields Agreement 2015 in the Fair Work Commission. The dispute revolves around the interpretation and application of the Fair Work Act 2009, specifically concerning the provisions that mandate the approval of certain agreements before they can take effect. The applicant, Fast Track Welding, argued that the agreement was necessary to ensure the orderly transition of workers from a previous employer to its own operations, while the Australian Workers' Union contested the agreement's terms.

The central legal issue before the Commission was whether the agreement met the statutory criteria for approval under the Fair Work Act. The Commission had to determine if the agreement was genuinely made by the parties involved and if it was an appropriate mechanism to address the transition of employment and workplace conditions. The applicant contended that the agreement was a legitimate tool for managing the transition of employees, while the union argued that the terms were not fair and reasonable.

The Commission found that the agreement was genuinely made by the parties involved and that it was an appropriate mechanism for addressing the transition of employment. The Commission considered the evidence presented by both parties and concluded that the agreement was necessary to ensure a smooth transition of workers and to provide certainty to both employees and employers. The Commission noted that the agreement was negotiated in good faith and that it provided for a fair and reasonable transition of employment. The Commission approved the agreement, finding that it met the statutory criteria for approval.

The Fair Work Commission approved the Fast Track Welding Pty Ltd Roy Hill AWU Greenfields Agreement 2015, finding that it was genuinely made by the parties involved and that it was an appropriate mechanism for addressing the transition of employment. The Commission considered the evidence presented by both parties and concluded that the agreement was necessary to ensure a smooth transition of workers and to provide certainty to both employees and employers. The Commission noted that the agreement was negotiated in good faith and that it provided for a fair and reasonable transition of employment. The approval of the agreement will facilitate the orderly transition of workers from the previous employer to Fast Track Welding's operations, providing stability and predictability to both employees and employers.

Fast Track Welding 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