Fluor Rail Services Pty Ltd Summary

[2013] FWCA 1640

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fluor Rail Services Pty Ltd
(AG2013/5469)

FLUOR RAIL SERVICES PTY LTD, PILBARA REGION CONSTRUCTION, EMPLOYEE (AWU AND AMWU) ENTERPRISE AGREEMENT 2013

Mining industry
COMMISSIONER BISSETT	MELBOURNE, 15 MARCH 2013

Application for approval of the Fluor Rail Services Pty Ltd, Pilbara Region Construction, Employee (AWU and AMWU) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Fluor Rail Services Pty Ltd, Pilbara Region Construction, Employee (AWU and AMWU) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union (AWU), and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2), I note that the Agreement covers each organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 22 March 2013. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fluor Rail Services Pty Ltd applied for the approval of the Fluor Rail Services Pty Ltd, Pilbara Region Construction, Employee (AWU and AMWU) Enterprise Agreement 2013. The applicant sought approval of the enterprise agreement, which had been negotiated between the company and two unions representing employees in the Pilbara region. The Fair Work Commission heard the application and was required to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the enterprise agreement complied with the provisions of the Fair Work Act. The Commission had to consider several factors, including whether the agreement was made in good faith, whether it provided for fair and reasonable terms and conditions, and whether it complied with the relevant provisions of the Act. The Commission also had to consider whether the agreement provided for the resolution of any disputes that might arise between the parties.

The Commission found that the agreement was made in good faith and provided for fair and reasonable terms and conditions. The agreement also complied with the relevant provisions of the Fair Work Act. The Commission noted that the agreement provided for the resolution of any disputes that might arise between the parties, and that it included provisions for the protection of employees' rights and interests. The Commission was satisfied that the agreement met the legal requirements for approval and granted the applicant's application for approval of the enterprise agreement.

The Fair Work Commission approved the Fluor Rail Services Pty Ltd, Pilbara Region Construction, Employee (AWU and AMWU) Enterprise Agreement 2013. The agreement is now legally binding on the parties and will govern the employment conditions of employees in the Pilbara region for the duration of its term.

Fluor Rail Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established