Roundel Civil Products Pty Ltd Summary

[2013] FWCA 7884

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Roundel Civil Products Pty Ltd
(AG2013/10581)

ROUNDEL CIVIL PRODUCTS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 10 OCTOBER 2013

Application for approval of the Roundel Civil Products Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Roundel Civil Products Pty Ltd Roy Hill AWU 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 three years and six months from the date of this decision.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, Roundel Civil Products Pty Ltd applied for approval of the Roundel Civil Products Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The application was brought under section 235 of the Fair Work Act 2009. The applicant argued that the agreement provided for the fair and efficient management of its workplace, while the Australian Workers’ Union, National Office acted as the representative for the employees. The union opposed the application on the basis that the agreement did not provide for adequate procedures for the resolution of disputes.

The legal issue before the Commission was whether the agreement provided adequate procedures for the resolution of disputes. The Commission noted that the agreement provided for a number of different methods of resolving disputes, including negotiation, conciliation, and mediation. However, the union submitted that the agreement did not provide for adequate procedures for the resolution of disputes. The union submitted that the agreement did not provide for a mechanism for the resolution of disputes in the event that the parties were unable to reach an agreement through negotiation, conciliation, or mediation. The Commission found that the agreement did provide for adequate procedures for the resolution of disputes. The agreement provided for a number of different methods of resolving disputes, including negotiation, conciliation, and mediation. The agreement also provided for a mechanism for the resolution of disputes in the event that the parties were unable to reach an agreement through negotiation, conciliation, or mediation. The Commission found that the agreement did provide for adequate procedures for the resolution of disputes.

Accordingly, the Commission approved the agreement. The Fair Work Commission approved the Roundel Civil Products Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

Roundel Civil Products Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established