Precision Catering & Equipment Pty Ltd T/A Precision Mining Camps and Services Summary

[2013] FWCA 6508

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Precision Catering & Equipment Pty Ltd T/A Precision Mining Camps and Services
(AG2013/2540)

PRECISION MINING CAMPS AND SERVICES ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 5 SEPTEMBER 2013

Application for approval of the Precision Mining Camps and Services Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Precision Mining Camps and Services 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

Precision Catering & Equipment Pty Ltd, trading as Precision Mining Camps and Services, sought approval of the Precision Mining Camps and Services Roy Hill AWU Greenfields Agreement 2013 from the Fair Work Commission. The applicant entered into the agreement with the Australian Workers’ Union. The dispute centred on whether the agreement complied with the Fair Work Act 2009 and whether it should be approved.

The court needed to determine if the agreement met the criteria for being a single interest employer agreement and if it was in the best interests of the employees. The applicant argued that the agreement was a single interest employer agreement, which it was necessary to prove to gain approval. The applicant also needed to demonstrate that the agreement was in the employees' best interests.

The Fair Work Commission concluded that the agreement was a single interest employer agreement and was in the best interests of the employees. The agreement was necessary to address the unique nature of the mining camp and the specific needs of the workforce. The agreement provided for fair and reasonable terms of employment, including provisions for shift patterns, leave entitlements, and other working conditions. The Commission was satisfied that the agreement met the statutory criteria for approval and was beneficial to the employees. The Commission approved the agreement.

Precision Catering & Equipment Pty Ltd T/A Precision Mining Camps and Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established