MRCN Pty Ltd T/A Westforce Construction

[2013] FWCA 5663

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MRCN Pty Ltd T/A Westforce Construction
(AG2013/2172)

WESTFORCE CONSTRUCTION ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 15 AUGUST 2013

Application for approval of the Westforce Construction Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Westforce Construction 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 four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

MRCN Pty Ltd, trading as Westforce Construction, applied to the Fair Work Commission for approval of the Westforce Construction Roy Hill AWU Greenfields Agreement 2013. The Australian Workers' Union (AWU) opposed the application, arguing that the agreement contained provisions that were not in the best interests of the employees. The Commission was required to determine whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The primary issue before the Commission was whether the agreement was in the best interests of the employees. The AWU argued that certain provisions in the agreement, including those relating to work hours, penalty rates, and redundancy, did not adequately protect the employees' interests. Westforce Construction contended that the agreement was fair and reasonable, and that it provided a balanced approach to the needs of both the employees and the employer.

In assessing the agreement, the Commission considered the principles set out in the Fair Work Act, including the requirement that an agreement must be in the best interests of the employees. The Commission also took into account the evidence presented by both parties, including the expert evidence provided by the AWU. After careful consideration, the Commission determined that the agreement was in the best interests of the employees. The Commission found that the agreement provided appropriate protections for the employees, and that it struck a fair balance between the interests of the employer and the employees. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Westforce Construction Roy Hill AWU Greenfields Agreement 2013, finding that it was in the best interests of the employees. The Commission rejected the AWU's objections and determined that the agreement provided appropriate protections for the employees, and that it struck a fair balance between the interests of the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established