Murcolbar Holdings Pty Ltd T/A MJ & CM West Transport Services Pty Ltd Summary

[2014] FWCA 1683

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Murcolbar Holdings Pty Ltd T/A MJ & CM West Transport Services Pty Ltd
(AG2014/471)

MJ & CM WEST TRANSPORT SERVICES PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 11 MARCH 2014

Application for approval of the MJ & CM West Transport Services Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the MJ & CM West Transport Services Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Murcolbar Holdings Pty Ltd, trading as MJ & CM West Transport Services Pty Ltd, applied to the Fair Work Commission for the approval of the MJ & CM West Transport Services Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The applicant sought to have the agreement approved as a greenfields agreement under section 234 of the Fair Work Act 2009. The dispute arose from the refusal of the Australian Workers' Union to endorse the agreement, leading to the application for its approval.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval as a greenfields agreement. This involved assessing whether the agreement contained the necessary provisions and whether it was in the interests of the employees it sought to cover. Specifically, the Commission had to determine if the agreement provided adequate protections and benefits for the employees, including provisions on wages, hours of work, and other conditions of employment. The Commission also considered whether the agreement was the product of genuine bargaining between the applicant and the union.

In reaching its decision, the Commission carefully examined the terms of the proposed agreement against the criteria set out in the Fair Work Act. The Commission found that the agreement contained the necessary provisions and was in the interests of the employees. The applicant had demonstrated that the agreement was the product of genuine bargaining, and it provided for fair wages and conditions. The Commission approved the agreement, noting that it would provide a stable and predictable workplace for employees and contribute to the efficient operation of the business. The approval was granted on the condition that the agreement would be subject to review and potential amendment by the Commission in the future.

The final orders of the Commission included the approval of the MJ & CM West Transport Services Pty Ltd Roy Hill AWU Greenfields Agreement 2014, subject to the conditions set out in the decision. The agreement was approved as a greenfields agreement under section 234 of the Fair Work Act 2009. The Commission also ordered that the agreement would be registered with the Fair Work Commission and that it would be effective from the date of the decision.

Murcolbar Holdings Pty Ltd T/A MJ & CM West Transport Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established