Neville Mallard Contracting Pty Ltd

[2014] FWCA 1106

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Neville Mallard Contracting Pty Ltd
(AG2014/261)

NEVILLE MALLARD PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 19 FEBRUARY 2014

Application for approval of the Neville Mallard Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Neville Mallard 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

The applicant, Neville Mallard Contracting Pty Ltd, sought approval of the Roy Hill AWU Greenfields Agreement 2014. The applicant, as an employer, and the Australian Workers' Union (AWU), as a union, had entered into an enterprise agreement for the benefit of their employees. The dispute involved the Fair Work Commission's approval of the agreement under the Fair Work Act 2009. The Fair Work Commission was the tribunal tasked with resolving the matter.

The primary legal issue before the court was whether the enterprise agreement met the requirements for approval under the Fair Work Act. This involved examining whether the agreement complied with the "better off overall test," which requires that employees are no worse off financially and have at least one additional benefit compared to the relevant award or safety net. The court also needed to consider whether the agreement was made in good faith and whether it included any unfair provisions.

The Fair Work Commission found that the agreement was in compliance with the better off overall test and was made in good faith. The court determined that the agreement provided employees with increased wages and other benefits, thereby satisfying the additional benefit requirement. Furthermore, the Commission concluded that there were no unfair provisions within the agreement. As a result, the Fair Work Commission approved the enterprise agreement.

In conclusion, the Fair Work Commission granted approval for the Roy Hill AWU Greenfields Agreement 2014. The court found that the agreement met the statutory requirements for approval, including the better off overall test and good faith, and did not contain any unfair provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established