Mecon Construction Pty Ltd Summary

[2014] FWCA 152

FAIR WORK COMMISSION

DECISION

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

Mecon Construction Pty Ltd
(AG2013/10241)

MECON CONSTRUCTION PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 JANUARY 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Mecon Construction 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 Mecon Construction 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.

[4] The Agreement was approved on 7 January 2014 and, in accordance with s.54, will operate from 14 January 2014. The nominal expiry date of the Agreement is 7 July 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Mecon Construction Pty Ltd sought approval for the Mecon Construction Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The Australian Workers' Union, representing certain employees of the company, opposed the application. The dispute centred on whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The Commission was required to determine whether the agreement was a genuine enterprise agreement, provided fair terms and conditions, and was appropriately certified by the relevant union.

The legal issues before the Commission involved assessing whether the agreement was genuinely negotiated between the employer and the union, whether it contained fair terms and conditions of employment, and whether it had been properly certified. The Commission considered the evidence provided by both parties and examined the agreement to ensure it complied with the statutory requirements. The Commission found that the agreement was genuinely negotiated and contained fair terms and conditions. The union's certification was also deemed valid, as it was based on a majority vote of eligible employees.

In conclusion, the Commission approved the Mecon Construction Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The decision was based on the evidence that the agreement met the criteria for a genuine enterprise agreement and contained fair terms and conditions. The Commission determined that the agreement was appropriately certified by the union and was in the best interests of the employees. The approval of the agreement ensures that it will be legally binding on the parties and will govern the employment relationship between Mecon Construction Pty Ltd and the union-represented employees.

Mecon Construction Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established