GD Engineering & Construction WA Pty Ltd

Case [2015] FWCA 3982


[2015] FWCA 3982
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

GD Engineering & Construction WA Pty Ltd
(AG2015/1399)

GD ENGINEERING & CONSTRUCTION WA PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries

COMMISSIONER LEE

MELBOURNE, 15 JUNE 2015

Application for approval of the GD Engineering & Construction WA Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of a greenfields agreement known as the GD Engineering & Construction WA Pty Ltd Roy Hill AWU Greenfields Agreement 2015 (Agreement). The application was made by GD Engineering & Construction WA Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union are 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.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 June 2015. The nominal expiry date of the Agreement is 14 December 2018.

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Details
AGLC
GD Engineering & Construction WA Pty Ltd [2015] FWCA 3982
Case
[2015] FWCA 3982
Decision Date

CaseChat Overview and Summary

GD Engineering & Construction WA Pty Ltd sought approval for the Roy Hill AWU Greenfields Agreement 2015. The agreement was between the company and the Australian Workers' Union and related to the construction of the Roy Hill mine. The Fair Work Commission heard the application.

The key issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for terms and conditions that were at least as favourable as those provided under the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) Construction, Forestry, Maritime, Mining and Energy Union (CFMU) National Construction Award 2010.

The Commission considered the evidence presented by GD Engineering and the union. It noted that the agreement provided for terms and conditions that were at least as favourable as those provided under the CFMU National Construction Award 2010. The Commission also found that the agreement was in the best interests of the employees covered by it. Therefore, the Commission approved the agreement.

GD Engineering and the union may now implement the Roy Hill AWU Greenfields Agreement 2015. The agreement provides for terms and conditions of employment for employees covered by it, including pay rates, leave entitlements, and other workplace matters. The agreement also includes provisions for dispute resolution and other matters.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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