National Grid Link Pty Ltd Summary

[2014] FWCA 8609

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Grid Link Pty Ltd
(AG2014/8242)

NATIONAL GRID LINK PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 DECEMBER 2014

Application for approval of the National Grid Link Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the National Grid Link Pty Ltd 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 National Grid Link Pty Ltd. 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 1 December 2014 and, in accordance with s.54, will operate from 8 December 2014. The nominal expiry date of the Agreement is 8 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, National Grid Link Pty Ltd, applied for the approval of the National Grid Link Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The respondent, the Australian Workers' Union, opposed the application. The dispute was heard by the Fair Work Commission. The central legal issue was whether the proposed agreement was in the best interests of the employees. This involved assessing the terms of the agreement, including the provisions related to wages, hours, and conditions of employment.

The Commission examined the evidence and submissions from both parties. It considered the nature of the agreement, its alignment with the Fair Work Act, and whether it provided fair and reasonable terms for the employees. The Commission noted the importance of ensuring that the agreement did not undermine the rights and protections of the employees. After evaluating the arguments, the Commission concluded that the proposed agreement met the necessary criteria and was in the best interests of the employees.

In light of the findings, the Commission approved the National Grid Link Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The decision recognised the agreement as a fair and reasonable means to regulate the terms and conditions of employment for the employees involved. The approval provided certainty and stability for both the employer and the employees, facilitating the ongoing operations of the project.

National Grid Link Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established