Hamon Australia Pty Ltd

[2013] FWCA 4527

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hamon Australia Pty Ltd
(AG2013/1555)

HAMON AUSTRALIA PTY LTD AUSTRALIA BHPB IRON ORE GROWTH PROJECTS STAGE 1 AMWU & CFMEU GREENFIELDS AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 9 JULY 2013

Application for approval of the Hamon Australia Pty Ltd Australia BHPB Iron Ore Growth Projects Stage 1 AMWU & CFMEU Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Hamon Australia Pty Ltd Australia BHPB Iron Ore Growth Projects Stage 1 AMWU & CFMEU Greenfields Agreement (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] As the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement.

[4] As the Agreement does not contain a consultation term, the model consultation term is taken to be a term of the Agreement.

[5] 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.

[6] 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 13 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of a new enterprise agreement between Hamon Australia Pty Ltd and two unions, the Australian Manufacturing Workers' Union (AMWU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement pertains to the BHPB Iron Ore Growth Projects Stage 1. The matter was heard in the Fair Work Commission (FWC). The applicants sought to have the proposed agreement approved under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement met the procedural requirements for approval, and if the terms and conditions of the agreement were fair and reasonable.

The Commission considered various aspects of the agreement, including procedural fairness, the nature of the dispute, and the fairness of the terms. The FWC examined the processes followed during the negotiation of the agreement, including whether the parties had bargained in good faith and whether the unions had properly represented their members. Additionally, the Commission assessed whether the terms and conditions of the agreement were fair and reasonable, taking into account the economic and social context of the industry. The FWC concluded that the agreement had been negotiated in good faith and that the unions had adequately represented their members. Furthermore, the Commission found that the terms and conditions of the agreement were fair and reasonable, taking into account the specific circumstances of the industry and the parties involved.

In light of the findings, the FWC approved the Hamon Australia Pty Ltd BHPB Iron Ore Growth Projects Stage 1 AMWU & CFMEU Greenfields Agreement. The decision was based on the conclusion that the agreement met the statutory requirements for approval and was fair and reasonable in all respects. The approval of the agreement ensures that the terms and conditions set out in the enterprise agreement will apply to the employees covered by the agreement, providing a framework for industrial relations within the specified projects.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established