Project Concrete Pumping Pty Ltd

[2014] FWCA 2961

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Project Concrete Pumping Pty Ltd
(AG2014/1027)

PROJECT CONCRETE PUMPING PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 9 MAY 2014

Application for approval of the Project Concrete Pumping Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Project Concrete Pumping 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).

[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 three and a half years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Project Concrete Pumping Pty Ltd (ACN 115 655 237) applied to the Fair Work Commission for the approval of the Project Concrete Pumping Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The application was opposed by the Australian Workers' Union. The application was brought before the Commission under section 232 of the Fair Work Act 2009, which requires the Commission to consider the merits of an agreement for approval, including whether it is in the interests of the employees and employers, and whether it is likely to result in improved industrial relations. The Commission was required to determine whether the agreement met the criteria for approval, including whether it would improve the terms and conditions of employment for the employees covered by the agreement, and whether it would result in improved industrial relations.

The Commission considered the evidence and submissions from both parties and found that the agreement was in the interests of the employees and employers and was likely to result in improved industrial relations. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it would result in improved industrial relations by providing for a more streamlined and efficient process for resolving disputes between the parties. The Commission approved the agreement, subject to certain conditions, including that the agreement be registered with the Registrar of the Fair Work Commission.

The Commission made orders approving the Project Concrete Pumping Pty Ltd Roy Hill AWU Greenfields Agreement 2014, subject to the conditions set out in the decision. The Commission also ordered that the agreement be registered with the Registrar of the Fair Work Commission. The Commission found that the agreement met the criteria for approval under section 232 of the Fair Work Act 2009, and that it was in the interests of the employees and employers covered by the agreement. The Commission also found that the agreement was likely to result in improved industrial relations by providing for a more streamlined and efficient process for resolving disputes between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established