DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Phillips Total Solutions Pty Ltd
(AG2015/586)

PHILLIPS TOTAL SOLUTIONS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 MARCH 2015

Application for approval of the Phillips Total Solutions Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Phillips Total Solutions 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 Phillips Total Solutions 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 18 March 2015 and, in accordance with s.54, will operate from 26 March 2015. The nominal expiry date of the Agreement is
18 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Phillips Total Solutions Pty Ltd involved the applicant seeking approval of a greenfields agreement between the company and the Australian Workers' Union. The dispute was heard by the Fair Work Commission (FWC), which was tasked with assessing the fairness and compliance of the proposed agreement with the Fair Work Act 2009. The applicant argued that the agreement was necessary for the operation of the Roy Hill project and would provide fair and reasonable terms for the employees.

The key legal issues before the Commission were whether the proposed agreement was genuinely an agreement between the parties, whether it was free from improper conduct, and whether it complied with the provisions of the Fair Work Act. Additionally, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions for the employees. The applicant argued that the agreement was necessary for the operation of the project and that it provided for fair and reasonable terms and conditions for the employees. The Commission had to consider these arguments and assess the evidence presented by both parties.

In reaching its decision, the Commission found that the agreement was genuinely an agreement between the parties and that it was free from improper conduct. The Commission also found that the agreement complied with the provisions of the Fair Work Act and provided for fair and reasonable terms and conditions for the employees. The Commission was satisfied that the agreement was necessary for the operation of the Roy Hill project and that it provided for fair and reasonable terms and conditions for the employees. The Commission approved the agreement, subject to certain modifications.

The Fair Work Commission approved the Phillips Total Solutions Pty Ltd Roy Hill AWU Greenfields Agreement 2015, subject to certain modifications. The applicant was required to make changes to the agreement in relation to the calculation of penalty rates for shift work and the provisions for the resolution of disputes. The Commission was satisfied that the modified agreement provided for fair and reasonable terms and conditions for the employees and was necessary for the operation of the Roy Hill project. The applicant was granted approval of the agreement, subject to the modifications ordered by the Commission.

Phillips Total Solutions 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