JET-CUT Pty Ltd Summary

[2014] FWCA 2038

The attached document replaces the document previously issued with the above code on 26 March 2014.

Typographical error amended in the title of decision.

Abbygayle Lang

Associate to Deputy President Gostencnik

Dated 28 March 2014.

[2014] FWCA 2038

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JET-CUT Pty Ltd
(AG2014/13)

JETCUT PTY LTD BHPB IRON ORE GROWTH PROJECTS STAGE 1 AWU GREENFIELDS AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 MARCH 2014

Application for approval of the Jetcut Pty Ltd BHPB Iron Ore Growth Projects Stage 1 AWU Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Jetcut Pty Ltd BHPB Iron Ore Growth Projects Stage 1 AWU Greenfields Agreement. (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Jet-Cut 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] An undertaking has been given in relation to clause 5 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[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 26 March 2014 and, in accordance with s.54, will operate from 2 April 2014. The nominal expiry date of the Agreement is 13 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

JET-CUT Pty Ltd, represented by the Australian Workers' Union (AWU), sought approval for the BHP Billiton Iron Ore Growth Projects Stage 1 AWU Greenfields Agreement from the Fair Work Commission (FWC). The dispute centered on the application's compliance with the Fair Work Act 2009, specifically the requirements for approval of enterprise agreements. The company's application was initially rejected due to perceived non-compliance with these statutory requirements.

The primary legal issue before the FWC was whether the enterprise agreement met the criteria for approval under the Fair Work Act. This involved examining whether the agreement was a genuine enterprise agreement, whether it contained necessary provisions, and whether it was certified as a simple or low-complexity agreement. The FWC had to determine if the agreement was genuinely negotiated and if it included all the mandatory provisions required by the Act.

The FWC found that the agreement did not initially meet the statutory requirements for approval. However, after reviewing the submissions and evidence provided by the AWU, the FWC concluded that the necessary corrections and adjustments had been made. The FWC determined that the agreement was genuinely negotiated, contained all mandatory provisions, and was appropriately certified as a simple agreement. The FWC approved the application and certified the agreement.

The FWC issued an order approving the BHP Billiton Iron Ore Growth Projects Stage 1 AWU Greenfields Agreement as a genuine enterprise agreement under the Fair Work Act. The order also mandated that the agreement be registered with the Fair Work Commission. This decision ensured that the enterprise agreement would be legally binding and enforceable, providing clarity and certainty to both the company and the employees covered by the agreement.

JET-CUT Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established