JAB Constructions WA Pty Ltd

[2013] FWCA 6511

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JAB Constructions WA Pty Ltd
(AG2013/2541)

JAB CONSTRUCTIONS 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 JAB Constructions WA Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the JAB Constructions 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

In the Fair Work Commission, JAB Constructions WA Pty Ltd sought approval for the Roy Hill AWU Greenfields Agreement 2013. The dispute revolved around the terms of the enterprise agreement, which was intended to govern the employment conditions for certain workers at the Roy Hill mine. The application was contested by the Australian Workers' Union, which raised several objections to the proposed agreement.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009 and if it was made in good faith and without coercion. The Commission needed to determine if the agreement was fair and reasonable, particularly in light of the objections raised by the union regarding the terms of pay, conditions, and the process by which the agreement was formed.

In its decision, the Commission examined the provisions of the agreement and the process by which it was negotiated and finalised. It considered the evidence provided by both parties, including witness testimonies and documentation related to the negotiation process. The Commission found that while there were some procedural shortcomings, the overall fairness of the agreement was not compromised. It concluded that the agreement was made in good faith and without coercion, and it met the requirements for approval under the Fair Work Act. Consequently, the Commission approved the Roy Hill AWU Greenfields Agreement 2013.

The Commission ordered that the agreement be registered and would apply to the relevant employees of JAB Constructions WA Pty Ltd, effective from the date of the decision. The union's objections were overruled, and the agreement was deemed to be a lawful and binding enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established