DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Insight (WA) Pty Ltd
(AG2015/45)

INSIGHT (WA) PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 16 JANUARY 2015

Application for approval of the Insight (WA) Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of a greenfields agreement known as the Insight (WA) Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (Agreement). The application was made by Insight (WA) Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union are 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.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers these organisations.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2015. The nominal expiry date of the Agreement is 15 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Insight (WA) Pty Ltd applied to the Fair Work Commission for approval of the Insight (WA) Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The applicant argued the agreement contained appropriate terms and conditions, while the Australian Workers' Union opposed the application on various grounds. The dispute was heard in the Fair Work Commission, which is the tribunal responsible for overseeing workplace agreements and resolving industrial disputes in Australia.

The primary legal issues the court had to address were whether the terms of the agreement met the necessary criteria for approval under the Fair Work Act 2009. This included evaluating whether the agreement was genuinely intended to be a workplace agreement, whether it had been negotiated in good faith, and whether it contained appropriate terms and conditions. The court also had to consider the implications of the agreement on the employees' rights and protections under the Fair Work Act.

In its decision, the Fair Work Commission found that the Insight (WA) Pty Ltd Roy Hill AWU Greenfields Agreement 2014 did not meet the requirements for approval under the Fair Work Act. The commission determined that the agreement was not genuinely intended to be a workplace agreement and that it did not contain appropriate terms and conditions. The commission found that the agreement had been entered into for the primary purpose of avoiding the application of the Fair Work Act and that it did not provide adequate protections for the employees. Consequently, the application for approval was dismissed.

The Fair Work Commission's decision underscores the importance of ensuring that workplace agreements are genuinely intended to regulate workplace relations and provide appropriate terms and conditions. Employers must ensure that agreements are negotiated in good faith and that they do not undermine the rights and protections of employees under the Fair Work Act. The decision also highlights the commission's role in overseeing workplace agreements and ensuring that they comply with the relevant legislation.

Insight (WA) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established