DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Marand Precision Engineering Pty Ltd
(AG2015/266)

MARAND PRECISION ENGINEERING PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 27 FEBRUARY 2015

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

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

[2] This is a greenfields agreement that meets the requirements of section 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 are 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] 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] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2015. The nominal expiry date of the Agreement is 26 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Marand Precision Engineering Pty Ltd, the Fair Work Commission was tasked with considering an application for the approval of the Marand Precision Engineering Pty Ltd Roy Hill AWU Greenfields Agreement 2015. The applicant, Marand Precision Engineering, sought the Commission's approval of the agreement, which was intended to establish the terms and conditions of employment for workers at the Roy Hill project. The dispute centred around the provisions of the proposed agreement and their alignment with the statutory framework governing workplace agreements in Australia.

The legal issues before the Commission included whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions of employment. The Commission had to consider the balance between the rights and interests of the employer and the employees, as well as ensuring the agreement did not undermine the broader objectives of the Fair Work Act, such as protecting vulnerable workers and promoting cooperative and productive workplace relations.

The Fair Work Commission determined that the proposed agreement met the necessary criteria for approval. The Commission considered the provisions of the agreement to be fair and reasonable, taking into account the specific circumstances of the Roy Hill project and the nature of the work involved. The Commission was satisfied that the agreement provided for appropriate safeguards and protections for the employees, and that it did not undermine the broader objectives of the Fair Work Act. As a result, the Commission approved the Marand Precision Engineering Pty Ltd Roy Hill AWU Greenfields Agreement 2015, allowing it to be registered and enforced as a registered agreement under the Act.

Marand Precision 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