Materials Consultants Pty Ltd Summary

[2013] FWCA 6896

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Materials Consultants Pty Ltd
(AG2013/9228)

MATERIALS CONSULTANTS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 18 SEPTEMBER 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Materials Consultants Pty Ltd Roy Hill AWU Greenfields Agreement 2013 (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 three years and six months from the date of operation.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Materials Consultants Pty Ltd, sought approval for the Materials Consultants Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The applicant argued that the agreement met the necessary criteria under the Fair Work Act 2009, while the Australian Workers' Union opposed the application on the grounds that the agreement did not adequately address several key employment issues. The dispute was primarily concerned with whether the agreement was a genuine agreement within the meaning of the Fair Work Act, and if it satisfied the procedural and substantive requirements for approval.

The primary legal issue was whether the agreement was genuinely negotiated and not imposed by one party. The applicant argued that the agreement was the result of genuine bargaining, while the union contended that it had not been properly negotiated. The court also needed to determine if the agreement contained all the necessary terms and conditions required by the Fair Work Act, including those related to minimum wages, penalty rates, and other employment conditions. Additionally, the court had to consider whether the agreement provided adequate protections for employees and if it complied with the principles of the Fair Work Act.

The Fair Work Commission found that the agreement was genuinely negotiated between the parties and met the procedural and substantive requirements for approval. The court held that the agreement contained all the necessary terms and conditions and provided adequate protections for employees. The commission concluded that the agreement was consistent with the principles of the Fair Work Act and approved the application. The union's arguments were rejected as the evidence showed that the agreement had been properly negotiated and met all the statutory requirements.

The final order of the Fair Work Commission was that the Materials Consultants Pty Ltd Roy Hill AWU Greenfields Agreement 2013 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered with the Fair Work Commission and would have legal effect from the date of registration. The union's objections were dismissed, and the applicant's application was granted.

Materials Consultants Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established