P.&D. Mitchell Contract Grading Pty Ltd as trustee for the P & D Mitchell Family Trust T/A PDM Contract Grading

[2013] FWCA 2087

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

P.&D. Mitchell Contract Grading Pty Ltd as trustee for the P & D Mitchell Family Trust T/A PDM Contract Grading
(AG2013/664)

PDM GRADING BHPB IRON ORE GROWTH PROJECTS STAGE 1 AWU GREENFIELDS AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 8 MAY 2013

Application for approval of the PDM Grading BHPB Iron Ore Growth Projects Stage 1 AWU Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the PDM Grading BHPB Iron Ore Growth Projects Stage 1 AWU Greenfields Agreement. (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] As the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement.

[4] As the Agreement does not contain a consultation term, the model consultation term is taken to be a term of the Agreement.

[5] 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.

[6] 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 four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by P.&D. Mitchell Contract Grading Pty Ltd, as trustee for the P & D Mitchell Family Trust trading as PDM Contract Grading, for the approval of a particular enterprise agreement. This agreement was intended to govern the working conditions for employees involved in the BHPB Iron Ore Growth Projects Stage 1 AWU Greenfields Agreement. The matter was heard in the Fair Work Commission, a federal workplace relations tribunal in Australia.

The primary legal issues before the court were whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 and if it was in the best interests of the employees. The court had to determine if the agreement provided fair and reasonable terms and conditions for the employees, including provisions on wages, hours of work, and other employment-related matters. It also had to consider if the agreement allowed for proper representation and if it was negotiated in good faith.

The Fair Work Commission, after reviewing the arguments and evidence presented, found that the proposed agreement was fair and reasonable. The agreement provided adequate protections for the employees, including fair wages, reasonable working hours, and provisions for dispute resolution. The court also determined that the agreement was negotiated in good faith and allowed for proper employee representation. Based on these findings, the Commission approved the application for the agreement's registration.

The Fair Work Commission approved the PDM Grading BHPB Iron Ore Growth Projects Stage 1 AWU Greenfields Agreement, registering it as a registered agreement under the Fair Work Act 2009. This decision ensures that the employees involved in the project will be governed by the terms and conditions set forth in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established