Fremantle Constructions Pty Ltd Summary

[2013] FWCA 8219

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fremantle Constructions Pty Ltd
(AG2013/9695)

FREMANTLE CONSTRUCTIONS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 21 OCTOBER 2013

Application for approval of the Fremantle Constructions Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Fremantle Constructions 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

In the Fair Work Commission, Fremantle Constructions Pty Ltd applied for approval of the Fremantle Constructions Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the terms and conditions of employment outlined in the proposed agreement, specifically provisions relating to employee entitlements, working hours, and dispute resolution mechanisms. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement provided for minimum workplace entitlements, was free from coercive conduct, and complied with the good faith bargaining requirement. The Commission also had to consider whether the agreement would have a detrimental effect on the broader industrial relations system. The primary focus was on examining the balance of the agreement's provisions to ensure they were fair and reasonable, particularly given the unique context of the Roy Hill Greenfields project.

In reaching its decision, the Commission examined the evidence presented by both parties and the provisions of the proposed agreement. It found that the agreement did not meet the good faith bargaining requirement as it failed to adequately address key issues of concern to the employees, including those related to working conditions and entitlements. The Commission also noted that the agreement did not sufficiently provide for minimum workplace entitlements as required by the Fair Work Act. Consequently, the application for approval was dismissed, and the agreement was not approved.

The Commission's decision underscored the importance of ensuring that agreements meet the necessary legal standards and provide for fair and reasonable terms for employees. The final order was that the application for approval of the Fremantle Constructions Pty Ltd Roy Hill AWU Greenfields Agreement 2013 be dismissed.

Fremantle Constructions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established