Hunt Engineering & Staff Pty Ltd

[2014] FWCA 8401

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hunt Engineering & Staff Pty Ltd
(AG2014/8185)

HUNT ENGINEERING & STAFF PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

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

Application for approval of the Hunt Engineering & Staff Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Hunt Engineering & Staff 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 Hunt Engineering & Staff 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement was approved on 24 November 2014 and, in accordance with s.54, will operate from 1 December 2014. The nominal expiry date of the Agreement is 24 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Hunt Engineering & Staff Pty Ltd, along with the Australian Workers' Union, sought approval of the Roy Hill AWU Greenfields Agreement 2014. The application was brought under section 235 of the Fair Work Act 2009, seeking the Commission's approval of the agreement as a registered agreement, and for the agreement to have effect as if it had been made between the employer and the employees covered by the agreement.

The central legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement had been made in good faith, if it provided for proper procedures for the resolution of disputes, and if it complied with the relevant provisions of the Act. The Commission also had to consider if the agreement was made in accordance with the principles of enterprise bargaining and if it provided for a fair and reasonable outcome for all parties involved.

The Commission found that the agreement was made in good faith, provided for proper procedures for the resolution of disputes, and complied with the relevant provisions of the Fair Work Act 2009. The Commission also found that the agreement was made in accordance with the principles of enterprise bargaining and provided for a fair and reasonable outcome for all parties involved. The Commission was satisfied that the agreement met the necessary criteria for approval and granted the application for the agreement to be registered.

The Fair Work Commission approved the Roy Hill AWU Greenfields Agreement 2014 as a registered agreement, effective from the date of the decision. The agreement will now have the force of a registered agreement under the Fair Work Act 2009, and will apply to the employees covered by the agreement. The Commission's decision ensures that the agreement provides for a fair and reasonable outcome for all parties involved, and that it complies with the relevant provisions of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established