Pilbara Access Pty Ltd T/A Pilbara Access Summary

[2014] FWCA 4958

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pilbara Access Pty Ltd T/A Pilbara Access
(AG2014/1443)

THE PILBARA ACCESS PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 24 JULY 2014

Application for approval of The Pilbara Access Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as The Pilbara Access Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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 Pilbara Access Pty Ltd T/A Pilbara Access case involved an application for the approval of the 2014 Enterprise Agreement. The applicant, Pilbara Access, sought endorsement of the agreement by the Fair Work Commission, which would give it legal status and enforceability. The dispute centred on the terms and conditions outlined within the proposed agreement, which was intended to govern the employment of workers in the company's operations.

The legal issues before the court were whether the agreement met the requirements of the Fair Work Act 2009 and if it complied with the provisions for genuine agreement-making processes. This involved scrutinising the procedures followed during the negotiation of the agreement, assessing whether the agreement was free from any improper influences, and ensuring it was fair and reasonable in its terms and conditions. The court also had to determine if the agreement provided for adequate minimum terms and if it complied with the good faith bargaining obligations.

The Fair Work Commission, after examining the application and the evidence provided, found that the proposed agreement satisfied the requirements of the Fair Work Act. The Commission concluded that the agreement was genuinely agreed upon by the parties involved and that the negotiation process had been conducted fairly. The terms and conditions of the agreement were deemed to be reasonable and compliant with the minimum standards set by the Act. Consequently, the Commission approved the 2014 Enterprise Agreement, endorsing it as a legally binding document between the employer and the employees.

Pilbara Access Pty Ltd T/A Pilbara Access

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established