Protrim Pty Ltd Summary

[2014] FWCA 4700

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Protrim Pty Ltd
(AG2014/1718)

PROTRIM PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 21 JULY 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Protrim 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

Protrim Pty Ltd, a company involved in the Roy Hill Project, applied for approval of the Protrim Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The applicant sought to have the agreement approved by the Fair Work Commission as a registered agreement under the Fair Work Act 2009. The Australian Workers’ Union (AWU) and the Australian Building and Construction Commission (ABCC) opposed the application, raising issues about the process by which the agreement was made.

The central legal issues concerned the fairness of the agreement and whether it was made in accordance with the statutory requirements of the Fair Work Act. The AWU and the ABCC argued that the agreement was not genuinely negotiated and that the process was tainted by coercion and unfair labour practices. The applicant, on the other hand, contended that the agreement was the product of genuine bargaining and was made in compliance with all relevant statutory provisions.

The Fair Work Commission considered the arguments from both sides. The Commission concluded that the agreement was indeed the result of genuine bargaining and that the process was not marred by the issues raised by the AWU and the ABCC. The Commission found that the applicant had satisfied the requirements of the Fair Work Act for the approval of the agreement. The Commission approved the Protrim Pty Ltd Roy Hill AWU Greenfields Agreement 2014 as a registered agreement. The AWU and the ABCC's opposition was dismissed.

Protrim Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established