Offaly Civil Engineering Pty Ltd Summary

[2014] FWCA 3813

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Offaly Civil Engineering Pty Ltd
(AG2014/1301)

OFFALY CIVIL ENGINEERING PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 10 JUNE 2014

Application for approval of the Offaly Civil Engineering Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Offaly Civil Engineering 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

In the Fair Work Commission, the matter of Offaly Civil Engineering Pty Ltd, an applicant, was heard in relation to an application for approval of the Offaly Civil Engineering Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The dispute centred around whether the agreement in question met the statutory requirements under the Fair Work Act 2009 and was in the best interest of the employees. The Commission was tasked with determining the validity and appropriateness of the terms and conditions outlined in the agreement.

The primary legal issues that the Commission had to resolve included whether the agreement complied with the formal requirements of the Fair Work Act, such as the inclusion of essential terms and the proper registration process. Additionally, the Commission examined whether the agreement was made in good faith and if it provided a safety net for employees, ensuring their rights and protections were maintained. The applicant, Offaly Civil Engineering, argued that the agreement was fair and beneficial, while the respondents raised concerns about certain provisions.

In its decision, the Commission carefully considered the evidence and arguments presented by both parties. It found that the agreement did not meet the formal requirements under the Fair Work Act, as it failed to include all the necessary terms and did not undergo the proper registration process. The Commission also determined that the agreement did not adequately safeguard the employees' rights and did not meet the safety net provisions. Consequently, the application for approval was dismissed, and the agreement was not approved.

No final orders were made as the agreement was not approved, leaving the existing enterprise agreement in place.

Offaly Civil Engineering Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established