Killard Excavation Pty Ltd

[2014] FWCA 4157

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Killard Excavation Pty Ltd
(AG2014/1490)

KILLARD EXCAVATION PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 26 JUNE 2014

Application for approval of the Killard Excavation Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Killard Excavation Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (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 three years and six months 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, Killard Excavation Pty Ltd, a company engaged in civil construction, sought approval for the Killard Excavation Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The application was made in accordance with section 234 of the Fair Work Act 2009. The Australian Workers' Union, which had entered into the agreement with the company, also supported the application. The dispute centred on the fairness and appropriateness of the agreement as a basis for regulating the employment terms and conditions of workers employed by Killard Excavation Pty Ltd.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for the terms and conditions of employment that were no less favourable than the applicable national employment standards and modern awards. Additionally, the Commission examined whether the agreement facilitated genuine agreement between the parties and ensured fair and reasonable terms and conditions.

The Commission found that the agreement did indeed provide for terms and conditions that were no less favourable than the relevant national employment standards and modern awards. The agreement was deemed to facilitate genuine agreement between the parties, as it had been negotiated in good faith and reflected a balance of interests. Furthermore, the Commission concluded that the terms and conditions of the agreement were fair and reasonable, taking into account the nature of the work and the business of the company. Consequently, the Commission approved the Killard Excavation Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established