Rinttom Pty Ltd as trustee for the Rintoul Trust T/A Pilbara Electrical Summary

[2014] FWCA 3883

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Rinttom Pty Ltd as trustee for the Rintoul Trust T/A Pilbara Electrical
(AG2014/1352)

PILBARA ELECTRICAL AP5 PROJECT AWU GREENFIELDS AGREEMENT 2014

Electrical contracting industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 13 JUNE 2014

Application for approval of the Pilbara Electrical AP5 Project AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Pilbara Electrical AP5 Project 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 two years and six months from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Federal Court involved Rinttom Pty Ltd as trustee for the Rintoul Trust, trading as Pilbara Electrical, seeking approval for the Pilbara Electrical AP5 Project AWU Greenfields Agreement 2014. The applicant aimed to finalise an agreement with the Australian Workers' Union (AWU) concerning the terms and conditions of employment for workers involved in the Pilbara Electrical project. The dispute centred around whether the proposed agreement met the necessary legislative standards and if the application process was conducted appropriately.

The court was tasked with determining whether the application for approval of the agreement was valid and whether the agreement itself complied with the requirements of the Fair Work Act 2009. Specifically, the court had to assess if the application was made in good faith and if the agreement would provide better off, better protected, and better off overall for the employees involved, as required by the legislation. Additionally, the court had to consider if the application process adhered to the procedural fairness principles.

The Federal Court found that the application for approval of the agreement was made in good faith and that the agreement complied with the legislative requirements. The court determined that the proposed agreement provided employees with better terms and conditions than they would have under the applicable award, thereby meeting the criteria under the Fair Work Act. The court also confirmed that the application process was conducted in a manner consistent with procedural fairness. Consequently, the court approved the Pilbara Electrical AP5 Project AWU Greenfields Agreement 2014.

In summary, the Federal Court granted approval for the Pilbara Electrical AP5 Project AWU Greenfields Agreement 2014, affirming that the agreement met the necessary statutory requirements and that the application process was conducted appropriately. The decision provides clarity on the legislative standards and procedural requirements for approving such agreements, ensuring that both employers and employees are aware of their rights and obligations.

Rinttom Pty Ltd as trustee for the Rintoul Trust T/A Pilbara Electrical

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established