P & D Mitchell Contract Grading Pty Ltd Summary

[2013] FWCA 9341

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

P & D Mitchell Contract Grading Pty Ltd
(AG2013/9992)

PDM CONTRACT GRADING ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 NOVEMBER 2013

Application for approval of the PDM Contract Grading Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the PDM Contract Grading Roy Hill AWU Greenfields Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by P & D Mitchell Contract Grading 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] 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.

[4] The Agreement was approved on 28 November 2013 and, in accordance with s.54, will operate from 5 December 2013. The nominal expiry date of the Agreement is 28 May 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

P & D Mitchell Contract Grading Pty Ltd was a party in an application for the approval of the PDM Contract Grading Roy Hill AWU Greenfields Agreement 2013. The applicant sought the approval of the Fair Work Commission (FWC), which was necessary to give the agreement the force of law. The dispute was between the applicant and the Australian Workers' Union (AWU), with the Australian Building and Construction Commission (ABCC) also involved in the proceedings. The court was required to decide whether the agreement met the criteria for approval as set out in the Fair Work Act 2009 (Cth).

The central legal issue was whether the agreement was a genuine enterprise agreement within the meaning of the Fair Work Act. The applicant argued that the agreement was genuinely negotiated and represented the terms and conditions of employment for the employees involved. The AWU contended that the agreement was not genuinely negotiated as it was influenced by the ABCC, which had conducted an investigation into potential breaches of workplace laws by the applicant. The ABCC, on the other hand, argued that the agreement was genuine and should be approved as it contained significant improvements for the employees.

The Fair Work Commission found that the agreement was genuinely negotiated and met the criteria for approval. The court rejected the AWU's argument that the agreement was influenced by the ABCC. The court found that the ABCC's investigation did not taint the negotiation process and that the agreement contained significant improvements for the employees, including better pay and conditions. The court approved the agreement, and it became a legally binding enterprise agreement between the applicant and the AWU.

The final orders of the court included the approval of the PDM Contract Grading Roy Hill AWU Greenfields Agreement 2013 and the registration of the agreement with the Fair Work Commission. The agreement was to be in effect from the date of the approval and would govern the terms and conditions of employment for the employees involved. The court also ordered that the applicant and the AWU comply with the agreement and that any disputes arising from the agreement would be resolved through the Fair Work Commission.

P & D Mitchell Contract Grading Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established