Robson Civil Projects Pty Ltd Summary

[2013] FWCA 6863

FAIR WORK COMMISSION

DECISION

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

Robson Civil Projects Pty Ltd
(AG2013/2729)

ROBSON CIVIL PTY LTD NCIG CET STAGES 2AA AND 2F PROJECT UNION GREENFIELDS AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 13 SEPTEMBER 2013

Application for approval of the Robson Civil Pty Ltd NCIG CET Stages 2AA and 2F Project Union Greenfields Agreement 2013 - 2014.

[1] This decision concerns an application for approval of a Greenfields Agreement pursuant to section 185 of the Fair Work Act 2009 (the Act). The application relates to the Robson Civil Pty Ltd NCIG CET Stages 2AA and 2F Project Union Greenfields Agreement 2013-2014.

[2] The application was lodged by Robson Civil Projects Pty Ltd and is a Greenfields Agreement.

[3] The application for approval was lodged in Sydney on 5 September 2013.

[4] I have considered the matters contained in the employer declaration and the declarations made on behalf of the Construction, Forestry, Mining and Energy Union and The Australian Workers’ Union, which I note will be covered by the Agreement.

[5] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In accordance with s. 187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union and The Australian Workers’ Union, are entitled to represent the industrial interests of a majority of employees who will be covered by the Greenfields Agreement in relation to work that is to be performed under them. I am also satisfied that it is in the public interest to approve the Greenfields Agreement.

[6] The Greenfields Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2013. The nominal expiry date of the Agreement is 18 August 2014.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Robson Civil Projects Pty Ltd, the dispute involved an application for the approval of the Robson Civil Pty Ltd NCIG CET Stages 2AA and 2F Project Union Greenfields Agreement 2013-2014. The matter was heard by the Fair Work Commission, an industrial relations tribunal in Australia. The application was brought by the applicant, who sought to have the agreement approved under the Fair Work Act 2009. The applicant argued that the agreement would provide fair and reasonable terms for the employees involved.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. This involved assessing whether the agreement contained all the essential terms as required by the Act, and whether it provided for fair and reasonable terms and conditions for the employees. The Commission had to consider the balance of rights and obligations between the employer and employees, ensuring that the agreement did not undermine the fundamental rights of the workforce.

The Commission examined the proposed agreement in detail, considering its provisions and their implications for the employees. It assessed whether the agreement provided for terms and conditions that were fair and reasonable in all respects. The Commission found that the agreement contained all the necessary essential terms and provided for fair and reasonable terms and conditions for the employees. Consequently, the Commission approved the application and certified the agreement as meeting the requirements of the Fair Work Act.

The Fair Work Commission approved the Robson Civil Pty Ltd NCIG CET Stages 2AA and 2F Project Union Greenfields Agreement 2013-2014, certifying it as meeting the requirements of the Fair Work Act. The agreement was thus approved and will govern the terms and conditions of employment for the specified project between the employer and the employees involved.

Robson Civil Projects Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established