PPBB Contracting Pty Ltd T/A Precision Pavements Summary

[2013] FWCA 6089

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PPBB Contracting Pty Ltd T/A Precision Pavements
(AG2013/2406)

PRECISION PAVEMENTS ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 26 AUGUST 2013

Application for approval of the Precision Pavements Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Precision Pavements 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 four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, PPBB Contracting Pty Ltd trading as Precision Pavements, applied to the Fair Work Commission for the approval of the Precision Pavements Roy Hill AWU Greenfields Agreement 2013. The applicant sought to have the agreement approved under the Fair Work Act 2009. The dispute arose in the context of employment agreements and the conditions of employment for workers at the Roy Hill project, involving the applicant and the Australian Workers' Union. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act.

The primary legal issue before the Commission was whether the agreement provided for terms and conditions of employment that were at least equal to the relevant modern award. The Commission needed to assess if the agreement contained minimum terms that were no less favourable than those set out in the Construction, Forestry, Maritime, Mining and Energy Union Enterprise Agreement 2012. The Commission also had to consider if the agreement was consistent with the purpose of the Fair Work Act, which includes promoting higher wages and better conditions.

The Commission found that the agreement provided for terms and conditions of employment that were at least equal to the relevant modern award. The agreement included provisions for wages, penalty rates, leave entitlements, and other employment conditions that met or exceeded the minimum standards set by the applicable award. The Commission concluded that the agreement was consistent with the objectives of the Fair Work Act, including the promotion of higher wages and better conditions of employment. Consequently, the Commission approved the Precision Pavements Roy Hill AWU Greenfields Agreement 2013.

The Fair Work Commission approved the Precision Pavements Roy Hill AWU Greenfields Agreement 2013, finding it met the legal requirements for approval under the Fair Work Act. This decision was made on the basis that the agreement provided terms and conditions of employment at least equal to the relevant modern award and was consistent with the purpose of the Act. The approval of the agreement allows it to operate as a registered agreement, providing a framework for the employment conditions of workers at the Roy Hill project.

PPBB Contracting Pty Ltd T/A Precision Pavements

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established