Fuse Logistics Australia Pty Ltd Summary

[2014] FWCA 4579

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fuse Logistics Australia Pty Ltd
(AG2014/1674)

FUSE LOGISTICS AUSTRALIA PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 18 JULY 2014

Application for approval of the Fuse Logistics Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Fuse Logistics Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (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 half years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, Fuse Logistics Australia Pty Ltd sought the Fair Work Commission's approval of the Fuse Logistics Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The Australian Workers Union, who were not party to the agreement, opposed the application on several grounds, arguing the agreement failed to meet the requirements of the Fair Work Act 2009. The central issue before the Fair Work Commission was whether the Fuse Logistics Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2014 was a lawful agreement as defined under the Fair Work Act 2009, and whether it had been made in accordance with the necessary procedures.

The Commission held that the agreement was not a lawful agreement because it did not include a term that required employees to be members of the union or to pay union fees as a condition of employment. The Commission also found that the agreement did not provide for an effective dispute resolution process and was therefore not a lawful agreement under the Fair Work Act 2009. Furthermore, the Commission held that the agreement had not been made in accordance with the necessary procedures as it had not been certified as a single interest employer agreement by the Commission. The Commission rejected the applicant's arguments and dismissed the application for approval of the agreement.

In light of the Commission's findings, the applicant's application for approval of the Fuse Logistics Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2014 was dismissed. The Commission did not make any orders in relation to the application.

Fuse Logistics Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established