MKT Holdings Pty Ltd

[2013] FWCA 8202

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MKT Holdings Pty Ltd
(AG2013/9589)

MKT HOLDINGS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 21 OCTOBER 2013

Application for approval of the MKT Holdings Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the MKT Holdings 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 Fair Work Commission, the matter of MKT Holdings Pty Ltd, the applicant, involved a dispute regarding the approval of the MKT Holdings Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The dispute centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This case was of particular significance due to the impact the agreement would have on the working conditions of employees at the Roy Hill mine.

The legal issues before the Commission were primarily whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the Commission needed to determine if the agreement had been made in accordance with the prescribed processes, including whether there had been genuine bargaining between the parties. Substantively, the Commission had to assess if the agreement provided for fair terms and conditions of employment, including minimum rates of pay, hours of work, and other employment conditions. The applicant argued that the agreement was the product of genuine bargaining and met all statutory requirements, while the respondents raised concerns about certain provisions of the agreement.

The Fair Work Commission found that the agreement had been made in accordance with the statutory requirements. The Commission held that there was evidence of genuine bargaining between the parties and that the agreement met the necessary procedural and substantive criteria. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with all relevant provisions of the Fair Work Act. Accordingly, the Commission approved the MKT Holdings Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established