NorWest Civil & Rail Pty Ltd Summary

[2014] FWCA 2372

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NorWest Civil & Rail Pty Ltd
(AG2014/793)

NORWEST CIVIL & RAIL PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 9 APRIL 2014

Application for approval of the Norwest Civil & Rail Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Norwest Civil & Rail 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

NorWest Civil & Rail Pty Ltd applied to the Fair Work Commission for approval of the Norwest Civil & Rail Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The applicant sought to have the agreement registered as a greenfields agreement under the Fair Work Act 2009, which would provide for a streamlined dispute resolution process for the duration of the agreement. The Australian Workers’ Union opposed the application on the basis that the agreement did not meet the requirements of the legislation.

The central legal issue before the Commission was whether the agreement met the criteria for a greenfields agreement under the Act. The Act provides that a greenfields agreement can only be approved if it is registered in accordance with the prescribed process, and contains specified terms and conditions, including provisions relating to dispute resolution. The Commission considered whether the agreement contained the necessary provisions and whether it was in the interests of the employees, employers and the community.

The Commission found that the agreement met the requirements of the Act. The agreement contained the necessary provisions for a streamlined dispute resolution process, and the terms and conditions were in the interests of the employees, employers and the community. The Commission noted that the agreement provided for a number of benefits, including job security and training opportunities for employees, and a stable and productive work environment for the employer. The Commission was satisfied that the agreement was appropriate and in the public interest.

Accordingly, the Commission approved the application and registered the agreement as a greenfields agreement. The agreement will now provide for a streamlined dispute resolution process for the duration of the agreement.

NorWest Civil & Rail Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established