Hardcore Mechanical Services Pty Ltd

[2014] FWCA 128

FAIR WORK COMMISSION

DECISION

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

Hardcore Mechanical Services Pty Ltd
(AG2013/10222)

HARDCORE MECHANICAL SERVICES PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 JANUARY 2014

Application for approval of the Hardcore Mechanical Services Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Hardcore Mechanical Services Pty Ltd Roy Hill AWU Greenfields Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Hardcore Mechanical Services Pty Ltd. 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] I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is 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.

[4] The Agreement was approved on 7 January 2014 and, in accordance with s.54, will operate from 14 January 2014. The nominal expiry date of the Agreement is 7 July 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Hardcore Mechanical Services Pty Ltd, which sought the approval of an enterprise agreement with the Australian Workers' Union. The dispute was heard by the Fair Work Commission (FWC). The key legal issue before the FWG was whether the agreement was in the best interests of the employees and whether it complied with the relevant provisions of the Fair Work Act 2009. The FWC examined the terms of the agreement, the process by which it was negotiated, and whether the agreement was free from any improper influence or coercion.

The FWC determined that the agreement was in the best interests of the employees. It found that the agreement had been negotiated in good faith and that there had been no improper influence or coercion. The FWC also found that the agreement complied with all relevant provisions of the Fair Work Act. In reaching its decision, the FWC considered the economic context of the agreement, the parties' bargaining positions, and the overall fairness of the terms. The FWC was satisfied that the agreement provided a fair and reasonable outcome for the employees.

As a result of the FWC's decision, the Hardcore Mechanical Services Pty Ltd Roy Hill AWU Greenfields Agreement 2013 was approved. The agreement, which sets out the terms and conditions of employment for the employees of Hardcore Mechanical Services Pty Ltd, was deemed to be in the best interests of the employees and compliant with the Fair Work Act. The approval of the agreement ensures that the employees will benefit from the negotiated terms and conditions of employment, while also providing certainty to the employer in managing its workforce.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established