O’Connor Contracting Pty Ltd

[2014] FWCA 8388

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O’Connor Contracting Pty Ltd
(AG2014/8189)

O’CONNOR CONTRACTING PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 NOVEMBER 2014

Application for approval of the O’Connor Contracting Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the O’Connor Contracting Pty Ltd Roy Hill AWU Greenfields Agreement (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by O’Connor Contracting 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 24 November 2014 and, in accordance with s.54, will operate from 1 December 2014. The nominal expiry date of the Agreement is 24 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of O’Connor Contracting Pty Ltd, the Fair Work Commission considered an application for the approval of the Roy Hill AWU Greenfields Agreement 2014. The applicant, O’Connor Contracting, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The Australian Workers’ Union (AWU) and the company's employees at the Roy Hill Greenfields site were the other parties involved.

The primary legal issue before the commission was whether the agreement met the statutory requirements for approval and registration. Specifically, the commission needed to determine if the agreement was made in good faith and whether it provided for the proper management and administration of the workplace. Additionally, the commission assessed whether the agreement was suitable and whether it was free from any improper influence or coercion.

The commission found that the agreement was made in good faith and contained provisions that ensured proper management and administration of the workplace. The commission also determined that the agreement was suitable and did not contain any improper influence or coercion. As a result, the commission approved the Roy Hill AWU Greenfields Agreement 2014 and ordered that it be registered under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established