Kurtarra Pty Ltd

[2014] FWCA 1884

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kurtarra Pty Ltd
(AG2014/592)

KURTARRA PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 21 MARCH 2014

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

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Kurtarra Pty Ltd, the Fair Work Commission (FWC) was presented with an application to approve a greenfields agreement. The application was lodged by the employer, Kurtarra Pty Ltd, and related to a proposed enterprise agreement for workers employed at the Roy Hill project. The Australian Workers’ Union (AWU) represented the workers in this matter.

The central legal issue before the FWC was whether the proposed agreement met the requirements of the Fair Work Act 2009 for a greenfields agreement, including compliance with the good faith bargaining provisions and the 'better off overall test'. The FWC had to determine if the agreement provided a fair and reasonable outcome for the workers, considering the existing industrial conditions and the terms of the proposed agreement.

The FWC thoroughly examined the evidence presented by both parties, including the negotiations and the terms of the proposed agreement. The FWC concluded that the agreement was made in good faith and satisfied the better off overall test. The Commission noted that the proposed agreement provided various benefits to the workers, including competitive wages, improved conditions, and specific provisions that addressed the unique aspects of the Roy Hill project. Consequently, the FWC approved the Kurtarra Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

The FWC’s decision was communicated in a detailed written judgment, outlining the reasons for its approval of the agreement. The final orders included the approval of the agreement, effective from the date specified in the judgment, and mandated that the employer and the union take steps to inform their members of the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established