Final Trim Operators Pty Ltd

[2013] FWCA 9912

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Final Trim Operators Pty Ltd
(AG2013/10058)

FINAL TRIM OPERATORS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 DECEMBER 2013

Application for approval of the Final Trim Operators Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Final Trim Operators Pty Ltd Roy Hill AWU Greenfields Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Final Trim Operators Pty Ltd. The Agreement is a greenfields agreement.

[2] 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] 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.

[4] The Agreement was approved on 18 December 2013 and, in accordance with s.54, will operate from 25 December 2013. The nominal expiry date of the Agreement is 18 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Final Trim Operators Pty Ltd applied to the Fair Work Commission for approval of the Final Trim Operators Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The applicant sought to have the agreement registered under the Fair Work Act 2009 as an enterprise agreement. The Australian Workers’ Union was the responding party. The dispute centred on the scope of the agreement, its compliance with the Act, and whether it should be approved. The key issues included whether the agreement appropriately covered all employees, whether the terms were fair and reasonable, and if the agreement adhered to the legal requirements for registration.

The Commission examined the application and the contents of the agreement, considering the evidence and submissions from both parties. It assessed the agreement's coverage, the bargaining process, and the terms of the agreement. The Commission found that the agreement was fairly and reasonably negotiated, adequately covered all employees, and contained terms that were fair and reasonable. The Commission was satisfied that the agreement met all statutory requirements for registration under the Act.

Accordingly, the Fair Work Commission approved the Final Trim Operators Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The agreement was registered as an enterprise agreement under the Fair Work Act 2009, effective from the date of the decision. The Commission's decision confirmed the validity and enforceability of the agreement between the applicant and the responding party.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established