Future Engineering & Communication Pty Ltd

[2014] FWCA 6613

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Future Engineering & Communication Pty Ltd
(AG2014/7053)

FUTURE ENGINEERING & COMMUNICATION PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 SEPTEMBER 2014

Application for approval of the Future Engineering & Communication Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Future Engineering & Communication Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Future Engineering & Communication 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 23 September 2014 and, in accordance with s.54, will operate from 30 September 2014. The nominal expiry date of the Agreement is 23 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Future Engineering & Communication Pty Ltd, the applicant, sought approval for the Future Engineering & Communication Pty Ltd Roy Hill AWU Greenfields Agreement 2014, which was the subject of a dispute before the Fair Work Commission. The applicant, a company involved in engineering and communication services, entered into an enterprise agreement with the Australian Workers' Union (AWU), which was intended to govern the employment conditions of its employees at the Roy Hill mining site. The AWU, representing the employees, and the Australian Building and Construction Commission (ABCC), acting as a statutory representative of employees, were the respondents in the application.

The primary legal issue before the commission was whether the agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the commission had to determine if the agreement met the requirements for "genuine agreement" as stipulated in section 231 of the Act, including whether it was free from any improper influence or coercion. The commission also needed to assess whether the agreement was fair and whether it contained provisions that were not in the best interests of the employees.

The commission held that the agreement was genuine and did not contain any improper influence or coercion. It found that the AWU had acted appropriately in negotiating the agreement and that the agreement was fair and contained provisions that were in the best interests of the employees. The commission considered the terms and conditions of the agreement, including the wages, hours of work, and other employment-related matters, and determined that they were reasonable and equitable. The commission approved the agreement, finding that it met all the necessary requirements under the Fair Work Act.

The commission made an order approving the Future Engineering & Communication Pty Ltd Roy Hill AWU Greenfields Agreement 2014, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees at the Roy Hill mining site. The commission's decision provided certainty and clarity for both the employer and the employees, ensuring that the agreement would be upheld and enforced in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established