NRW Pty Ltd T/A NRW Civil and Mining

[2013] FWCA 433

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NRW Pty Ltd T/A NRW Civil and Mining
(AG2013/19)

NRW PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2012

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 18 JANUARY 2013

Application for approval of the NRW Pty Ltd Roy Hill AWU Greenfields Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the NRW Pty Ltd Roy Hill AWU Greenfields Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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] 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 4 years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute concerning the approval of the NRW Pty Ltd Roy Hill AWU Greenfields Agreement 2012. The applicant, NRW Pty Ltd, trading as NRW Civil and Mining, sought the Commission's approval of the agreement, which had been negotiated with the Australian Workers' Union. The dispute centred on the terms of the agreement and whether it met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement was a lawful agreement, whether it provided for the proper negotiation process, and whether it met the requirements for the Commission's approval. Specifically, the Commission had to determine whether the agreement complied with the provisions of the Fair Work Act, including the requirement for good faith bargaining and whether it contained provisions that were contrary to public policy.

In delivering its decision, the Commission found that the agreement was a lawful agreement and that the proper negotiation process had been followed. The Commission considered the evidence and submissions from both parties and found that the agreement met the necessary criteria for approval. The Commission noted that the agreement contained provisions that were consistent with the objectives of the Fair Work Act and did not contravene any relevant laws or public policy considerations. Accordingly, the Commission approved the agreement, subject to certain conditions and modifications.

The Fair Work Commission approved the NRW Pty Ltd Roy Hill AWU Greenfields Agreement 2012, subject to certain conditions and modifications. The Commission found that the agreement was a lawful agreement and that the proper negotiation process had been followed. The Commission considered the evidence and submissions from both parties and was satisfied that the agreement met the necessary criteria for approval. The approval of the agreement is an important step in ensuring that the parties can move forward with their operations in a fair and equitable manner.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established