Losino Pty Ltd

[2014] FWCA 975

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Losino Pty Ltd
(AG2013/10393)

LOSINO PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 FEBRUARY 2014

Application for approval of the Losino Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Losino Pty Ltd Roy Hill AWU Greenfields Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by XX. The Agreement is a greenfields agreement.

[2] 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] 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.

[4] The Agreement was approved on 11 February 2014 and, in accordance with s.54, will operate from 18 February 2014. The nominal expiry date of the Agreement is 11 August 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Losino Pty Ltd applied to the Fair Work Commission for the approval of the Losino Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The application was made under section 233 of the Fair Work Act 2009. The applicants were Losino Pty Ltd, and the respondents were the Australian Workers' Union. The dispute concerned whether the agreement met the legal criteria for approval under the Fair Work Act. The Fair Work Commission was required to determine if the agreement was a good faith agreement, whether it provided for appropriate mechanisms for the resolution of disputes, and if it complied with the provisions of the Act. The Commission considered the nature of the agreement, the bargaining process, and the terms and conditions it contained. It also examined whether the agreement provided for fair and reasonable terms and conditions of employment.

The Commission found that the agreement was made in good faith and provided for appropriate mechanisms for the resolution of disputes. It also concluded that the agreement complied with the requirements of the Fair Work Act. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and other conditions of employment. The Commission noted that the agreement was the result of genuine bargaining between the parties and that it provided for a fair and reasonable framework for the employment relationship.

Following its deliberations, the Commission approved the Losino Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The Commission found that the agreement met the legal criteria for approval under the Fair Work Act. The approval of the agreement was made under section 233 of the Fair Work Act. The Commission's decision was based on its assessment of the agreement's compliance with the Act and its provisions for fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established