Illawarra Engineering Services Pty Ltd Summary

[2014] FWCA 8602

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Illawarra Engineering Services Pty Ltd
(AG2014/8266)

ILLAWARRA ENGINEERING SERVICES PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 DECEMBER 2014

Application for approval of the Illawarra Engineering Services Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Illawarra Engineering Services 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 Illawarra Engineering 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] 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 1 December 2014 and, in accordance with s.54, will operate from 8 December 2014. The nominal expiry date of the Agreement is 8 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Illawarra Engineering Services Pty Ltd to have the Illawarra Engineering Services Pty Ltd Roy Hill AWU Greenfields Agreement 2014 approved by the Commission. The dispute centred around the terms of the agreement and whether it complied with the relevant provisions of the Fair Work Act 2009.

The legal issues for the Commission to determine included whether the agreement provided for the terms and conditions of employment fairly and appropriately, if the agreement was made in good faith, and if the agreement contained the necessary certification provisions as required by the Act. The Commission also needed to consider if the agreement would promote harmonious, productive, and cooperative workplace relations.

The Commission found that the agreement was made in good faith and contained all the necessary certification provisions. It also concluded that the terms and conditions of employment were fair and appropriate. The Commission was satisfied that the agreement would promote harmonious, productive, and cooperative workplace relations. Consequently, the Commission approved the agreement, allowing it to be registered and enforceable under the Act.

The Fair Work Commission approved the Illawarra Engineering Services Pty Ltd Roy Hill AWU Greenfields Agreement 2014, finding it to be in compliance with the relevant provisions of the Fair Work Act 2009. The agreement was registered and is now enforceable under the Act.

Illawarra Engineering Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established