DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenton Cable Jointing Services Pty Ltd
(AG2015/355)

FENTON CABLE JOINTING SERVICES PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 FEBRUARY 2015

Application for approval of the Fenton Cable Jointing Services Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Fenton Cable Jointing Services 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 Fenton Cable Jointing Services 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 27 February 2015 and, in accordance with s.54, will operate from 6 March 2015. The nominal expiry date of the Agreement is 27 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the applicant, Fenton Cable Jointing Services Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission (FWC). The dispute arose from negotiations between the applicant and the Australian Workers Union (AWU) for the Roy Hill Greenfields Agreement 2015. The applicant argued that the agreement provided for a fair and reasonable set of terms and conditions for its employees, while the AWU contested several provisions, primarily those related to pay rates and conditions.

The legal issues before the FWC included whether the agreement met the "better off overall test" (BOOT) and if it contained any unfair provisions contrary to the Fair Work Act 2009. The FWC had to determine whether the agreement provided employees with a fair and reasonable set of terms and conditions, considering the economic and employment context. Additionally, the FWC needed to assess if any terms were unfair, which would render the agreement non-compliant with the Act.

The FWC concluded that the agreement met the BOOT, as it provided employees with improved terms and conditions compared to their previous arrangements. The FWC found that the pay rates and conditions in the agreement were fair and reasonable, considering the economic context and the parties' bargaining positions. Furthermore, the FWC determined that no provisions in the agreement were unfair. As a result, the FWC approved the Roy Hill Greenfields Agreement 2015, making it a legally binding enterprise agreement between the applicant and the AWU.

In approving the agreement, the FWC issued a certificate of registration, authorising its operation as a registered agreement under the Fair Work Act 2009. This decision finalised the dispute and established the terms and conditions for employees of Fenton Cable Jointing Services Pty Ltd under the Roy Hill Greenfields Agreement 2015.

Fenton Cable Jointing Services 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