Pinnaroo Electrical Pty Ltd

[2014] FWCA 7026

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pinnaroo Electrical Pty Ltd
(AG2014/7763)

PINNAROO ELECTRICAL PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 OCTOBER 2014

Application for approval of the Pinnaroo Electrical Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Pinnaroo Electrical Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pinnaroo Electrical Pty Ltd. The agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 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] 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 9 October 2014 and, in accordance with s.54, will operate from 16 October 2014. The nominal expiry date of the Agreement is 9 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Full Bench of the Fair Work Commission involved an application by Pinnaroo Electrical Pty Ltd for the approval of the Pinnaroo Electrical Pty Ltd Roy Hill AWU Greenfields Agreement 2014. This agreement was made between the applicant and the Australian Workers' Union, and it pertained to the employment conditions of workers at the Roy Hill Greenfields site. The primary dispute centred on whether the agreement adequately met the requirements of the Fair Work Act 2009 for a valid enterprise agreement.

The court had to determine whether the agreement was genuinely negotiated and not merely a product of coercion or pressure. Furthermore, the court needed to assess if the agreement complied with the procedural requirements set out in the Act, including whether it had been properly presented to the relevant parties and whether the necessary votes had been obtained to approve the agreement. The court also needed to consider whether the agreement's provisions were consistent with the overarching objectives of the Fair Work Act, such as promoting economic prosperity and social inclusion.

In delivering its decision, the Full Bench found that the agreement was genuinely negotiated and not the result of any undue influence. The court also determined that all procedural requirements had been satisfied, and that the agreement had been properly presented to the workers. The Full Bench was satisfied that the provisions of the agreement were consistent with the objectives of the Fair Work Act. Therefore, the Full Bench approved the Pinnaroo Electrical Pty Ltd Roy Hill AWU Greenfields Agreement 2014, finding it to be a genuine enterprise agreement that met all statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established