Leaway Investments Pty Ltd T/A Civitest Sou West Summary

[2014] FWCA 2963

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Leaway Investments Pty Ltd T/A Civitest Sou West
(AG2014/1025)

CIVITEST SOU WEST ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 9 MAY 2014

Application for approval of the Civitest Sou West Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Civitest Sou West 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

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CaseChat Overview and Summary

In this case, Leaway Investments Pty Ltd, trading as Civitest Sou West, applied to the Fair Work Commission for approval of the Civitest Sou West Roy Hill AWU Greenfields Agreement 2014. The dispute arose from negotiations between the company and the Australian Workers' Union concerning the terms and conditions of employment for workers at the Roy Hill mine. The commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issue before the commission was whether the agreement contained all the required terms and conditions and whether it met the standards set by the Fair Work Act. Specifically, the commission needed to assess if the agreement provided for fair and reasonable terms of employment, including pay rates, conditions, and dispute resolution mechanisms. The union argued that certain aspects of the agreement were deficient, while the company contended that the agreement was comprehensive and fair.

After reviewing the agreement and hearing submissions from both parties, the commission found that the Civitest Sou West Roy Hill AWU Greenfields Agreement 2014 met the legislative requirements for approval. The commission determined that the agreement provided for fair and reasonable terms of employment, including adequate pay rates and conditions, and appropriate dispute resolution mechanisms. The commission was satisfied that the agreement would serve the interests of both the company and the employees.

As a result, the commission approved the agreement. The final orders included the approval of the Civitest Sou West Roy Hill AWU Greenfields Agreement 2014, which would now govern the terms and conditions of employment for workers at the Roy Hill mine. This decision ensures that the agreement is legally binding and provides a framework for the relationship between the company and its employees.

Leaway Investments Pty Ltd T/A Civitest Sou West

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established