Paterson Industrial Services Pty Ltd Summary

[2013] FWCA 8216

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Paterson Industrial Services Pty Ltd
(AG2013/9676)

TOTAL WELDING ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 21 OCTOBER 2013

Application for approval of the Total Welding Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Total Welding Roy Hill AWU Greenfields Agreement 2013 (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

Paterson Industrial Services Pty Ltd sought approval for the Total Welding Roy Hill AWU Greenfields Agreement 2013, which was intended to govern the employment conditions of certain workers in the welding and fabrication industry. The application was made under the Fair Work Act 2009, with the Australian Workers' Union (AWU) and the Australian Manufacturing Workers' Union (AMWU) also involved in the proceedings. The primary dispute centred around whether the agreement met the criteria for being a lawful and fair workplace agreement.

The court needed to determine if the agreement was genuinely a product of free and voluntary negotiations between the parties and if it provided for fair terms and conditions of employment. Additionally, the court had to assess whether the agreement met the requirements of the Fair Work Act, including whether it was free from any improper conduct and whether it contained appropriate mechanisms for resolving disputes.

In its decision, the court examined the negotiation process and the content of the agreement. It found that the agreement was genuinely negotiated and contained terms that were fair and reasonable. The court also concluded that the agreement was not tainted by any improper conduct and that it provided adequate mechanisms for resolving disputes. Consequently, the court approved the Total Welding Roy Hill AWU Greenfields Agreement 2013.

The court's approval of the agreement signifies that it meets the legal standards set by the Fair Work Act. This decision provides certainty for the parties involved and ensures that the agreement will govern the employment conditions of the workers as intended.

Paterson Industrial Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established