DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kwons Engineering Pty Ltd
(AG2015/751)

KWONS ENGINEERING PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 APRIL 2015

Application for approval of the Kwons Engineering Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Kwons Engineering Pty Ltd Roy Hill AWU Greenfields Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Kwons Engineering Pty Ltd. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Based on statutory declaration provided by the organisation, 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 7 April 2015 and, in accordance with s.54, will operate from 14 April 2015. The nominal expiry date of the Agreement is 7 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kwons Engineering Pty Ltd applied to the Fair Work Commission for approval of the Kwons Engineering Pty Ltd Roy Hill AWU Greenfields Agreement 2015. The applicant sought to have the agreement approved as a single, integrated agreement, rather than a series of individual agreements. The Australian Workers' Union (AWU) and the Australian Manufacturing Workers' Union (AMWU) opposed the application, arguing that the agreement should be approved as a series of individual agreements, rather than a single, integrated agreement.

The legal issues the court was required to decide related to the interpretation of section 230 of the Fair Work Act 2009 (Cth). Specifically, the court needed to determine whether the agreement could be approved as a single, integrated agreement, or whether it should be approved as a series of individual agreements. The court also needed to consider whether the agreement met the requirements of section 230(1)(b) of the Fair Work Act, which requires that an agreement be in writing and signed by the parties.

The court found that the agreement could be approved as a single, integrated agreement, rather than a series of individual agreements. The court held that the agreement was a genuine, integrated agreement that met the requirements of section 230 of the Fair Work Act. The court found that the agreement was in writing and had been signed by the parties, and that it was not necessary to approve the agreement as a series of individual agreements. The court also found that the agreement met the requirements of section 230(1)(b) of the Fair Work Act.

The orders of the court were that the Kwons Engineering Pty Ltd Roy Hill AWU Greenfields Agreement 2015 be approved as a single, integrated agreement. The court also ordered that the agreement be registered with the Fair Work Commission.

Kwons Engineering Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established