RSA Projects Pty Ltd

[2013] FWCA 6755

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RSA Projects Pty Ltd
(AG2013/2584)

RSA PROJECTS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

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

Application for approval of the RSA Projects Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the RSA Projects 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 four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RSA Projects Pty Ltd applied to the Fair Work Commission for approval of the RSA Projects Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The application was made pursuant to section 234 of the Fair Work Act 2009. The application was opposed by the Australian Building and Construction Commission. The dispute centred on whether the agreement provided appropriate protections for workers employed under it. The Commission was required to determine whether the agreement met the criteria for registration set out in the Fair Work Act.

In its decision, the Commission found that the agreement was not in the best interests of the employees and did not meet the requirements for registration. The Commission noted that the agreement did not provide adequate protections for employees in relation to minimum wages, penalty rates, and other conditions of employment. The Commission also found that the agreement did not provide adequate protections for employees in relation to the termination of employment. The Commission concluded that the agreement did not meet the requirements for registration under the Fair Work Act.

The Commission refused to approve the agreement, finding that it did not meet the requirements for registration. The Commission noted that the agreement did not provide appropriate protections for workers and did not meet the criteria for registration set out in the Fair Work Act. The Commission also noted that the agreement did not provide adequate protections for employees in relation to minimum wages, penalty rates, and other conditions of employment. The Commission concluded that the agreement did not meet the requirements for registration and was not in the best interests of the employees.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established