Marapikurrinya Contracting Pty Ltd

[2013] FWCA 9180

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Marapikurrinya Contracting Pty Ltd
(AG2013/11163)

MARAPIKURRINYA CONTRACTING PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 NOVEMBER 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Marapikurrinya Contracting 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 Marapikurrinya Contracting Pty Ltd. 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.

The Agreement was approved on 22 November 2013 and, in accordance with s.54, will operate from 29 November 2013. The nominal expiry date of the Agreement is 22 May 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved an application by Marapikurrinya Contracting Pty Ltd to approve the Marapikurrinya Contracting Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The applicant sought approval for an enterprise agreement which would regulate the terms and conditions of employment for its workers. The Australian Workers' Union (AWU) represented the employees in the negotiations and submission of the agreement. The Commission was tasked with assessing whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act. This included examining whether the agreement had been made in good faith, whether it contained the minimum terms and conditions as prescribed by the Act, and whether the agreement had been appropriately certified. Additionally, the Commission had to consider whether the agreement provided for genuine bargaining between the parties and whether it was fair and reasonable.

The Commission found that the agreement satisfied all the criteria for approval. The applicant demonstrated that the agreement had been made in good faith and contained the necessary minimum terms and conditions. The Commission was satisfied that the agreement reflected genuine bargaining between the parties and was fair and reasonable. It noted the significant efforts made by the parties to reach a consensus on the terms of the agreement. Consequently, the Commission approved the Marapikurrinya Contracting Pty Ltd Roy Hill AWU Greenfields Agreement 2013, effective from 1 July 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established