DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Perna Engineering Pty Ltd
(AG2015/140)

PERNA ENGINEERING PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 FEBRUARY 2015

Application for approval of the Perna Engineering Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Perna Engineering Pty Ltd Roy Hill AWU Greenfields Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Perna Engineering Pty Ltd. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] Based on statutory declaration provided by the organisation, 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 5 February 2015 and, in accordance with s.54, will operate from 12 February 2015. The nominal expiry date of the Agreement is 5 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Perna Engineering Pty Ltd sought approval of the Roy Hill AWU Greenfields Agreement 2015 in the Fair Work Commission. The applicant entered into the agreement with the Australian Workers' Union, aiming to govern the employment of approximately 1,800 employees involved in the construction of the Roy Hill mine in Western Australia. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The court had to determine whether the agreement fairly represented the interests of the employees and whether it complied with the procedural requirements set forth in the Fair Work Act. Specifically, the court examined if the agreement was genuinely negotiated between the parties and if it contained the mandated minimum terms and conditions of employment. Additionally, the court assessed if the agreement had been properly presented to the employees for approval.

The Fair Work Commission found that the agreement had been genuinely negotiated and fairly represented the interests of the employees. The court noted that the agreement contained all the required minimum terms and conditions and was presented to the employees in an appropriate manner. Consequently, the Commission approved the agreement, affirming that it met all legal standards for approval under the Act. The Commission's decision was based on a thorough review of the negotiation process, the content of the agreement, and the procedures followed in seeking employee approval.

Perna Engineering Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established