MAS Australasia Pty Ltd

[2014] FWCA 3351

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MAS Australasia Pty Ltd
(AG2014/6057)

MAS AUSTRALASIA PTY LTD YARA PILBARA FERTILISERS GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 21 MAY 2014

Application for approval of the MAS Australasia Pty Ltd Yara Pilbara Fertilisers Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the MAS Australasia Pty Ltd Yara Pilbara Fertilisers 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 31 December 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, MAS Australasia Pty Ltd sought approval of the MAS Australasia Pty Ltd Yara Pilbara Fertilisers Greenfields Agreement 2014, which was to apply to workers employed at the Yara Pilbara Fertilisers plant in Western Australia. The applicant argued that the agreement was necessary to ensure the continued operation of the plant, which was critical to the local economy and the supply of fertilisers to the agricultural sector. The dispute involved the application of the Fair Work Act 2009 and the Fair Work Regulations 2009 to the agreement, including the requirement for the agreement to meet certain criteria for approval.

The legal issues before the Commission included whether the agreement was a good faith bargain, whether it met the criteria for approval under the Fair Work Act, and whether it complied with the relevant provisions of the Fair Work Regulations. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, leave, and dispute resolution. The Commission also had to determine whether the agreement was consistent with the objectives of the Fair Work Act and whether it would promote workplace harmony and productivity.

After considering the evidence and submissions from both parties, the Commission found that the agreement met the criteria for approval under the Fair Work Act. The Commission was satisfied that the agreement was a genuine bargain between the parties, that it provided for fair and reasonable terms and conditions of employment, and that it would promote workplace harmony and productivity. The Commission noted that the agreement included provisions for consultation and dispute resolution, which were designed to address any issues that might arise during the course of the agreement. The Commission also found that the agreement was consistent with the objectives of the Fair Work Act and would not have an adverse effect on the broader industrial relations system.

The Commission approved the agreement, subject to certain conditions and modifications. The parties were required to provide regular reports to the Commission on the operation of the agreement, and to make any necessary amendments to ensure that it continued to meet the criteria for approval. The agreement was to remain in force until 30 June 2019, subject to earlier termination in accordance with its provisions. The decision provides guidance on the application of the Fair Work Act and the Fair Work Regulations to enterprise agreements, and the criteria that must be met for an agreement to be approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established