DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LogiCamms Ltd
(AG2015/4371)

LOGICAMMS LIMITED ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 20 AUGUST 2015

Application for approval of the LogiCamms Limited Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise Agreement known as the LogiCamms Limited 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 LogiCamms Ltd.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers Union 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.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] Pursuant to s.53(2)(b) I note the Agreement was made with the Australian Workers’ Union and that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54, will operate from
27 August 2015. The nominal expiry date of the Agreement is 20 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

LogiCamms Limited applied to the Fair Work Commission for approval of the LogiCamms Limited Roy Hill AWU Greenfields Agreement 2015. The applicants sought approval under section 234 of the Fair Work Act 2009. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act. The Commission considered whether the agreement was in the interests of the employees covered by it and whether it met the requirements of the Act, including being in writing and not containing any term that was less favourable to the employees than the applicable awards or registered agreements. The Commission found that the agreement met the requirements of the Act and was in the interests of the employees. The agreement provided for a period of four years and contained terms and conditions that were not less favourable than the applicable awards or registered agreements. The Commission approved the agreement and made orders to that effect.

LogiCamms Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established