Merit Lining Systems Pty Ltd T/A Merit Lining Systems Summary

[2013] FWCA 7467

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Merit Lining Systems Pty Ltd T/A Merit Lining Systems
(AG2013/2841)

MERIT LINING SYSTEMS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 2 OCTOBER 2013

Application for approval of the Merit Lining Systems Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Merit Lining Systems 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 and a half years from the date of this decision.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the case of Merit Lining Systems Pty Ltd T/A Merit Lining Systems, the applicant sought approval of the Merit Lining Systems Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The applicant argued that the agreement would provide for the orderly transition of the workforce from a Greenfields operation to a fully operational mine. The matter was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the proposed agreement met the requirements of section 234 of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for the appropriate balance between the rights and obligations of the employer and employees and if it facilitated the transition to a fully operational mine in a manner that was fair and reasonable. The Commission also had to consider if the agreement was consistent with the general principles of industrial law and the broader public interest.

After considering the submissions and evidence presented, the Commission concluded that the agreement was fair and reasonable and met the requirements of section 234 of the Fair Work Act. The Commission found that the agreement provided for an appropriate balance between the rights and obligations of the employer and employees and facilitated the transition to a fully operational mine in a manner that was fair and reasonable. The Commission also found that the agreement was consistent with the general principles of industrial law and the broader public interest. Accordingly, the Commission approved the Merit Lining Systems Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

No further orders were made by the Commission.

Merit Lining Systems Pty Ltd T/A Merit Lining Systems

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established