GLH Contracting Pty Ltd

[2013] FWCA 806

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GLH Contracting Pty Ltd
(AG2013/102)

GLH CONTRACTING PTY LTD BHPB IRON ORE GROWTH PROJECTS STAGE 1 AWU GREENFIELDS AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 6 FEBRUARY 2013

Application for approval of the GLH Contracting Pty Ltd BHPB Iron Ore Growth Projects Stage 1 AWU Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the GLH Contracting Pty Ltd BHPB Iron Ore Growth Projects Stage 1 AWU Greenfields Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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] The Agreement does not contain a flexibility term. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[4] The Agreement does not contain a consultation term. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 2 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 seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

1 Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009.

2 Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of GLH Contracting Pty Ltd, the Australian Building and Construction Commission (ABCC) applied for the approval of the GLH Contracting Pty Ltd BHP Billiton Iron Ore Growth Projects Stage 1 Australian Workers Union Greenfields Agreement. The application arose from a dispute over whether the agreement met the requirements of the Fair Work Act 2009. The parties were GLH Contracting Pty Ltd, the ABCC, and the Australian Workers Union (AWU). The court had to decide whether the agreement was a "good faith" agreement as required by the Fair Work Act.

The key legal issues before the court were whether the agreement was made in good faith and whether it met the criteria set out in the Fair Work Act. The court had to determine whether the agreement was negotiated fairly, whether the terms were reasonable, and whether the agreement was genuinely made for the purpose of resolving a workplace issue. The court also had to consider whether the agreement was made in a manner that was consistent with the principles of good faith bargaining. The court examined the negotiations between the parties and the content of the agreement to determine whether it met the requirements of the Act.

After examining the evidence, the court found that the agreement was made in good faith and met the requirements of the Fair Work Act. The court found that the negotiations were conducted fairly and that the terms of the agreement were reasonable. The court also found that the agreement was made for the purpose of resolving a workplace issue and that it was made in a manner consistent with the principles of good faith bargaining. The court approved the agreement and made orders accordingly.

The court ordered that the GLH Contracting Pty Ltd BHP Billiton Iron Ore Growth Projects Stage 1 Australian Workers Union Greenfields Agreement be approved. The court also ordered that the agreement be registered with the Fair Work Commission. The court found that the agreement was a genuine agreement that met the requirements of the Fair Work Act and that it was in the best interests of the employees and employers involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established