Roadline Holdings Pty Ltd T/A West Coast Stabilisers Summary

[2014] FWCA 4698

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Roadline Holdings Pty Ltd T/A West Coast Stabilisers
(AG2014/1712)

WEST COAST STABILISERS ROY HILL AWU GREENFIELDS AGREEMENT 2014

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

Application for approval of the West Coast Stabilisers Roy Hill AWU Greenfields Agreement 2014.

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

The parties involved in this case are Roadline Holdings Pty Ltd, trading as West Coast Stabilisers, and the Australian Workers' Union (AWU). The nature of the dispute is an application for the approval of the West Coast Stabilisers Roy Hill AWU Greenfields Agreement 2014 under section 235 of the Fair Work Act 2009. The application was heard by the Full Bench of the Fair Work Commission (FWC). The legal issues before the court centred around whether the agreement was in the best interests of the employees and whether it complied with the requirements of the Fair Work Act. Specifically, the FWC had to determine if the agreement provided a safety net of minimum entitlements for the employees, protected employees' rights to free and protected industrial action, and ensured that the agreement's terms were fair and reasonable.

The FWC considered the evidence and submissions presented by both parties. It found that the agreement was in the best interests of the employees as it provided a safety net of minimum entitlements, protected employees' rights to free and protected industrial action, and ensured that the agreement's terms were fair and reasonable. The FWC also concluded that the agreement complied with the requirements of the Fair Work Act. It took into account the economic circumstances of the industry and the need for the agreement to be flexible and adaptable to changes in the industry. The FWC also considered the views of the employees and their representatives, as well as the views of the employer. The FWC was satisfied that the agreement provided for a fair and reasonable outcome for all parties involved.

In conclusion, the FWC approved the West Coast Stabilisers Roy Hill AWU Greenfields Agreement 2014. The approval was based on the FWC's finding that the agreement was in the best interests of the employees and complied with the requirements of the Fair Work Act. The FWC also considered the economic circumstances of the industry and the need for the agreement to be flexible and adaptable to changes in the industry. The approval of the agreement provides certainty and stability for the employees and employer and ensures that the agreement's terms are fair and reasonable.

Roadline Holdings Pty Ltd T/A West Coast Stabilisers

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established