DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sam Technology Engineers Pty Ltd
(AG2015/522)

SAM TECHNOLOGY ENGINEERS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 MARCH 2015

Application for approval of the Sam Technology Engineers Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Sam Technology Engineers Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Sam Technology Engineers Pty Ltd. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Based on statutory declaration provided by the organisation, I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement was approved on 17 March 2015 and, in accordance with s.54, will operate from 24 March 2015. The nominal expiry date of the Agreement is
17 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Sam Technology Engineers Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The applicant, Sam Technology Engineers Pty Ltd, sought to have the agreement, which related to the employment of its employees at the Roy Hill project, certified as a greenfields agreement under the Fair Work Act 2009. The Australian Workers Union (AWU) intervened in the proceeding as it was the union that had negotiated the agreement on behalf of the employees.

The primary legal issue for the Commission to determine was whether the agreement met the statutory requirements for certification as a greenfields agreement. Specifically, the Commission had to ascertain whether the agreement was in the best interests of the employees, and whether it provided for appropriate arrangements for the establishment of a new workplace. This involved assessing the provisions of the agreement in relation to the employees' pay and conditions, the process for resolving disputes, and the mechanisms for consultation and participation.

The Commission concluded that the agreement did meet the statutory criteria for certification. It found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment, and appropriate mechanisms for resolving disputes. The Commission also determined that the agreement contained suitable provisions for the establishment of a new workplace, including provisions for consultation and participation. The AWU's intervention did not change the outcome, as the union's concerns about the agreement's provisions were addressed through the negotiation process. As a result, the Commission approved the agreement and certified it as a greenfields agreement under the Act.

The Commission's decision to approve and certify the agreement was made final, with no orders for costs. This outcome meant that the agreement could now be used as a basis for the employment of workers at the Roy Hill project, providing a framework for the establishment of a new workplace and the resolution of any future disputes that may arise.

Sam Technology Engineers Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established