Hawkins SP Pty Ltd T/A Trustee for Hawkins Family Trust

[2014] FWCA 6622

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hawkins SP Pty Ltd T/A Trustee for Hawkins Family Trust
(AG2014/7003)

HAWKINS SP PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 SEPTEMBER 2014

Application for approval of the Hawkins SP Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Hawkins SP Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Hawkins SP Pty Ltd T/A Trustee for Hawkins Family Trust. 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 24 September 2014 and, in accordance with s.54, will operate from 1 October 2014. The nominal expiry date of the Agreement is 24 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Hawkins SP Pty Ltd, trading as trustee for the Hawkins Family Trust, sought approval from the Federal Circuit and Family Court of Australia for the Hawkins SP Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The dispute arose from the negotiation and subsequent agreement between the applicant and the Australian Workers' Union (AWU) concerning the employment conditions for workers at the Roy Hill mine site. The AWU, in turn, argued that the agreement was not in the best interests of the employees and sought to have it rejected.

The court was required to determine whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. Specifically, the court needed to assess if the agreement provided a safety net of minimum entitlements for the employees, promoted workplace efficiency, and was in the best interests of the employees. Additionally, the court needed to consider whether the agreement was made in good faith and without coercion.

The court found that the agreement provided a comprehensive safety net for the employees, encompassing minimum wages, penalties, leave entitlements, and other conditions. The court also considered the efficiency measures within the agreement, which included provisions for flexible work arrangements and dispute resolution mechanisms. The court determined that the agreement was in the best interests of the employees, as it offered protections and benefits that were at least as good as, if not better than, those provided by the applicable awards and registered agreements. The court was satisfied that the agreement was made in good faith and without coercion, as evidenced by the extensive negotiation process and the absence of any improper influence or pressure.

In light of the above considerations, the court approved the Hawkins SP Pty Ltd Roy Hill AWU Greenfields Agreement 2014, finding it to be in compliance with the relevant statutory criteria. The court's decision was based on the comprehensive nature of the agreement and its alignment with the objectives of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established