Hall Civil Pty Ltd

[2014] FWCA 1540

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hall Civil Pty Ltd
(AG2014/388)

HALL CIVIL PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 5 MARCH 2014

Application for approval of the Hall Civil Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Hall Civil Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] 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.

[4] 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 three and a half years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Hall Civil Pty Ltd for the approval of the Hall Civil Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The Australian Workers' Union (AWU) contested the application, raising concerns about the adequacy of the agreement in terms of its compliance with the Fair Work Act 2009 and the Fair Work Regulations 2009. The dispute centred on the terms and conditions outlined in the agreement, particularly those relating to wages, working hours, and other employment conditions for workers at the Roy Hill project.

The legal issues before the Commission included whether the agreement provided for the fair and reasonable terms and conditions for the employees, and whether it complied with the mandatory provisions of the Fair Work Act. Specifically, the Commission had to consider whether the agreement was made in good faith and whether it met the standards of the Fair Work Act, including the requirement for procedural fairness in the agreement-making process. Additionally, the Commission needed to determine whether the agreement appropriately balanced the interests of the employer and the employees, particularly in light of the AWU's objections.

The Commission examined the evidence presented by both parties and reviewed the terms of the agreement in detail. The Commission found that the agreement was made in good faith and contained terms and conditions that were fair and reasonable. The Commission noted that the agreement addressed key issues raised by the AWU and provided adequate protections for the employees. It concluded that the agreement met the standards set out in the Fair Work Act and was procedurally fair. Therefore, the Commission approved the Hall Civil Pty Ltd Roy Hill AWU Greenfields Agreement 2014, finding it to be a lawful and appropriate agreement under the legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established