Kuredale Pty Ltd T/A Metro Lintels Summary

[2014] FWCA 2141

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kuredale Pty Ltd T/A Metro Lintels
(AG2014/4095)

METRO LINTELS ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 4 APRIL 2014

Application for approval of the Metro Lintels Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Metro Lintels 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 and a half years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kuredale Pty Ltd, trading as Metro Lintels, applied for approval of the Metro Lintels Roy Hill AWU Greenfields Agreement 2014. The applicant, an employer, sought to have the agreement approved by the Fair Work Commission as a registered agreement under the Fair Work Act 2009. The Australian Workers' Union was the respondent, representing the employees. The nature of the dispute revolved around the terms and conditions of employment for workers at the Roy Hill site and whether the agreement met the statutory requirements for registration.

The primary legal issue before the Commission was whether the agreement complied with the formal requirements of the Fair Work Act. Specifically, the Commission needed to determine if the agreement had been properly certified as a genuine agreement and if it contained all the mandatory terms required by the Act. Additionally, the Commission had to consider if the agreement complied with the provisions of the Fair Work (Registered Organisations) Act 2009, which require that registered organisations must have a sufficient connection to the employees they represent.

The Commission found that the agreement was not a genuine agreement as required by the Act. The Commission concluded that the union did not have a sufficient connection to the employees, as it did not represent a majority of the employees in the relevant bargaining unit. As a result, the agreement did not meet the statutory requirements for registration. The Commission did not need to address the other issues as the primary issue was determinative. Consequently, the application was dismissed. The Commission did not make any further orders beyond dismissing the application.

Kuredale Pty Ltd T/A Metro Lintels

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established