G & S Engineering Services Pty Ltd

[2014] FWCA 8065

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G & S Engineering Services Pty Ltd
(AG2014/9768)

G & S ENGINEERING SERVICES PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 12 NOVEMBER 2014

Application for approval of the G & S Engineering Services Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the G & S Engineering Services Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by G&S Engineering. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement was approved on 12 November 2014 and, in accordance with s.54, will operate from 19 November 2014. The nominal expiry date of the Agreement is 19 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, G & S Engineering Services Pty Ltd, sought approval for the Roy Hill AWU Greenfields Agreement 2014, which was intended to govern employment conditions for its employees. The Australian Workers' Union (AWU) opposed the application, arguing that certain provisions of the agreement did not meet the standard of fairness required by the Fair Work Act 2009. The case was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the Roy Hill AWU Greenfields Agreement 2014 contained terms and conditions that were fair and reasonable, and therefore warranting approval. The AWU's objections focused on specific provisions relating to shift patterns, overtime, and penalty rates. The applicant argued that the provisions were necessary to accommodate the operational demands of the Roy Hill project and were consistent with industry standards.

In assessing the fairness of the agreement, the Commission considered the nature of the work, the specific operational context of the Roy Hill project, and industry benchmarks. The Commission found that while some provisions raised concerns, the overall agreement was fair and reasonable. The Commission determined that the provisions in question were necessary to ensure the efficient operation of the project and were not overly harsh or disadvantageous to employees. Consequently, the application for approval was granted.

The Fair Work Commission approved the Roy Hill AWU Greenfields Agreement 2014, subject to certain conditions designed to ensure ongoing fairness and compliance with the Fair Work Act. The AWU's objections were largely dismissed, with the Commission affirming that the agreement balanced the needs of the employer and the rights of employees effectively.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established