Remote Excavations Pty Ltd

[2014] FWCA 1684

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Remote Excavations Pty Ltd
(AG2014/3882)

REMOTE EXCAVATIONS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 11 MARCH 2014

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

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

Remote Excavations Pty Ltd has applied to the Fair Work Commission for the approval of the Remote Excavations Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The agreement is intended to provide for the terms and conditions of employment of certain employees of the company. The Australian Workers' Union has also lodged an application seeking the approval of the agreement. The primary issue before the Commission was whether the agreement met the requirements for an enterprise agreement under the Fair Work Act 2009.

The Commission examined whether the agreement was a genuine enterprise agreement, made without coercion, and whether it complied with the procedural and substantive requirements set out in the Fair Work Act. The Commission noted that the agreement had been negotiated in good faith and that there was no evidence of any coercion. The Commission also found that the agreement contained all the required minimum terms and conditions, and that it was in the best interests of the employees. The Commission approved the agreement, finding that it met all the necessary requirements under the Act.

The Fair Work Commission approved the Remote Excavations Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The agreement is now a registered enterprise agreement and will apply to the employees of the company. The decision of the Commission is final and binding on the parties, and cannot be appealed except on limited grounds. The approval of the agreement provides certainty and stability to the employment relationship between the company and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established