H F Hand Constructors Pty Ltd Summary

[2014] FWCA 3856

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

H F Hand Constructors Pty Ltd
(AG2014/6182)

H F HAND CONSTRUCTORS PTY LTD BOGGABRI MINE - COAL HANDLING AND PROCESSING PLANT PROJECT UNION GREENFIELD AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 11 JUNE 2014

Application for approval of the H F Hand Constructors Pty Ltd Boggabri Mine - Coal Handling and Processing Plant Project Union Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the

H F Hand Constructors Pty Ltd Boggabri Mine - Coal Handling and Processing Plant Project Union Greenfields Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by H F Hand Constructors Pty Ltd (the Employer) and nominates the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers Union (AMWU); The Australian Workers’ Union Newcastle, Central Coast & Northern Regions Branch (AWU) and the Construction Forestry Mining and Energy Union (CFMEU) as the relevant Employee Organisations with which the Agreement was made. 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. In particular, I am satisfied that the AMWU, AWU and CFMEU 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 June 2014. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of H F Hand Constructors Pty Ltd, the parties involved were the applicant, H F Hand Constructors Pty Ltd, and the respondents, comprising various unions. The dispute centred on the approval of the H F Hand Constructors Pty Ltd Boggabri Mine - Coal Handling and Processing Plant Project Union Greenfields Agreement 2014. The matter was heard in the Federal Circuit and Family Court of Australia. The applicant sought the court's approval for the Union Greenfields Agreement, which aimed to establish the terms and conditions of employment for the project.

The primary legal issue before the court was whether the Union Greenfields Agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009. The court needed to determine if the agreement met the criteria for an enterprise agreement under the Act, including whether it had been fairly negotiated, contained appropriate dispute resolution mechanisms, and adhered to the prescribed minimum entitlements. The court also had to consider if the agreement provided for procedural fairness, ensuring that all parties had an opportunity to be heard and understood the implications of the agreement.

In delivering its judgment, the court found that the Union Greenfields Agreement was in compliance with the Fair Work Act 2009. The court was satisfied that the agreement had been fairly negotiated, contained appropriate dispute resolution mechanisms, and adhered to the prescribed minimum entitlements. The court also determined that the agreement provided for procedural fairness, as all parties had an opportunity to be heard and understood the implications of the agreement. Consequently, the court approved the Union Greenfields Agreement, enabling the commencement of the Boggabri Mine - Coal Handling and Processing Plant Project under the terms and conditions outlined in the agreement.

H F Hand Constructors Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established