Resource Equipment Ltd Summary

[2013] FWCA 4753

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Resource Equipment Ltd
(AG2013/1766)

RESOURCE EQUIPMENT LTD - AMWU - GORGON PROJECT - BARROW ISLAND GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 18 JULY 2013

Application for approval of the Resource Equipment Ltd - AMWU - Gorgon Project - Barrow Island Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Resource Equipment Ltd - AMWU - Gorgon Project - Barrow Island 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 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Resource Equipment Limited sought approval for the Resource Equipment Limited - Australian Manufacturing Workers' Union - Gorgon Project - Barrow Island Greenfields Agreement 2013. The Australian Manufacturing Workers' Union (AMWU) and the Australian Education Union (AEU) objected to the application on the basis that it failed to meet the requirements of section 233 of the Fair Work Act 2009. The parties appeared before the Fair Work Commission which had to determine whether the agreement met the necessary requirements for approval. The key issue before the Commission was whether the agreement complied with section 233 of the Act, specifically, whether the agreement dealt with the terms and conditions of employment in a fair and flexible manner and promoted harmonious, productive and cooperative workplace relations.

The Commission found that the agreement was sufficiently fair and flexible and promoted harmonious, productive and cooperative workplace relations. The Commission found that the agreement contained provisions which allowed for flexible working arrangements, provisions to ensure the health and safety of employees and provisions to ensure that employees were not unfairly dismissed. The Commission noted that the agreement contained provisions that ensured that employees were paid a fair and reasonable wage and that the agreement contained provisions that ensured that employees were treated fairly and equitably. The Commission found that the agreement met the requirements of section 233 of the Act and approved the agreement. The Commission ordered that the agreement be approved and registered.

Resource Equipment Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established