Metcash Automotive Holdings Pty Ltd T/A ATAP

[2014] FWCA 7780

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Integrated Workforce Limited
(AG2014/7848)

PROGRAMMED INTEGRATED WORKFORCE LIMITED ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 31 OCTOBER 2014

Application for approval of the Programmed Integrated Workforce Limited Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Integrated Workforce Limited Roy Hill AWU Greenfields Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Programmed Integrated Workforce Limited. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement was approved on 31 October 2014 and, in accordance with s.54, will operate from 7 November 2014. The nominal expiry date of the Agreement is 7 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Metcash Automotive Holdings Pty Ltd T/A ATAP, the Fair Work Commission was asked to consider the application for approval of the Programmed Integrated Workforce Limited Roy Hill AWU Greenfields Agreement 2014. The dispute revolved around the terms and conditions of employment for employees of Programmed Integrated Workforce Limited, specifically those working at the Roy Hill project. The matter was heard in the Fair Work Commission, an Australian independent statutory body with responsibility for the resolution of workplace disputes and the promotion of a fair and productive workplace relations system.

The primary legal issues before the Commission involved the validity and enforceability of the proposed agreement. The Commission had to determine whether the agreement met the requirements for approval under the Fair Work Act 2009, including whether the agreement had been made in good faith and whether it provided for the terms and conditions of employment of the employees covered by the agreement. Additionally, the Commission needed to consider whether the agreement complied with the provisions of the Act in relation to the protection of employees' rights and interests.

In examining the application, the Commission found that the agreement was made in good faith and was in the best interests of the employees. The Commission noted that the agreement provided for a comprehensive set of terms and conditions, including provisions for wages, hours of work, leave entitlements, and other employment-related matters. The Commission was satisfied that the agreement provided for the protection of employees' rights and interests and was in line with the objectives of the Fair Work Act. Consequently, the Commission approved the Programmed Integrated Workforce Limited Roy Hill AWU Greenfields Agreement 2014.

As a result of the Commission's decision, the agreement was approved and is now in force. This decision ensures that the employees of Programmed Integrated Workforce Limited working at the Roy Hill project are covered by a fair and comprehensive agreement that provides for their terms and conditions of employment. The approval of this agreement contributes to the maintenance of a fair and productive workplace relations system in Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established