HAS Group (WA) Pty Ltd Summary

[2013] FWCA 6463

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HAS Group (WA) Pty Ltd
(AG2013/2491)

HAS GROUP (WA) PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 5 SEPTEMBER 2013

Application for approval of the HAS Group (WA) Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the HAS Group (WA) Pty Ltd Roy Hill AWU Greenfields Agreement 2013 (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 four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

HAS Group (WA) Pty Ltd, the employer, sought approval from the Fair Work Commission for the HAS Group (WA) Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The applicant argued the agreement provided for appropriate workplace arrangements for the proposed Roy Hill project. The Australian Workers Union, the employee representative, objected to the approval of the agreement, claiming it failed to provide adequate protections for employees. The dispute was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed agreement provided for appropriate workplace arrangements as required by the Fair Work Act 2009. The Commission had to determine if the agreement provided for appropriate protections for employees and if it met the requirements for an enterprise agreement under the Act. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and if it promoted harmonious, productive and economic workplace relations.

The Fair Work Commission found that the proposed agreement provided for appropriate workplace arrangements and met the requirements of the Fair Work Act 2009. The Commission held that the agreement provided for appropriate protections for employees, including provisions for minimum wages, leave entitlements and dispute resolution mechanisms. The Commission also found that the agreement promoted harmonious, productive and economic workplace relations and was in the best interests of the employees. Consequently, the Commission approved the HAS Group (WA) Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

The Fair Work Commission approved the HAS Group (WA) Pty Ltd Roy Hill AWU Greenfields Agreement 2013, finding that it provided for appropriate workplace arrangements and met the requirements of the Fair Work Act 2009. The Commission held that the agreement provided for appropriate protections for employees and promoted harmonious, productive and economic workplace relations. The Commission's approval of the agreement enables the proposed Roy Hill project to proceed with appropriate workplace arrangements in place.

HAS Group (WA) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established