SA Structural Pty Ltd

[2014] FWCA 1014

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SA Structural Pty Ltd
(AG2014/249)

SA STRUCTURAL PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 11 FEBRUARY 2014

Application for approval of the SA Structural Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the SA Structural Pty Ltd 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

In this case, SA Structural Pty Ltd applied for approval of the Roy Hill AWU Greenfields Agreement 2014 under the Fair Work Act 2009. The Fair Work Commission (FWC) heard the application, considering the nature of the dispute between SA Structural and the Australian Workers' Union (AWU) regarding the terms of employment for workers at the Roy Hill mine site.

The primary legal issues before the FWC were whether the agreement complied with the statutory requirements of the Fair Work Act and whether it met the standards of procedural fairness. The FWC examined the process of consultation and negotiation between the parties and whether the agreement was in the best interests of the employees.

The FWC found that the application for approval was properly made and that the agreement was the result of genuine bargaining between the parties. The FWC noted that the agreement provided for fair terms and conditions, including wages, hours of work, and other employment conditions. The FWC concluded that the agreement met the statutory requirements and was in the best interests of the employees, thus approving the application for the agreement.

The FWC issued an order approving the Roy Hill AWU Greenfields Agreement 2014 as a registered agreement under the Fair Work Act. The order specified that the agreement would be effective from the date of the decision and would be binding on all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established