Seven G Engineering Pty Ltd

[2014] FWCA 7397

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Seven G Engineering Pty Ltd
(AG2014/7710)

SEVEN G ENGINEERING PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 OCTOBER 2014

Application for approval of the Seven G Engineering Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Seven G Engineering 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 Seven G Engineering Pty Ltd. The Agreement is a greenfields agreement.

[2] 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] 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 21 October 2014 and, in accordance with s.54, will operate from 28 October 2014. The nominal expiry date of the Agreement is 21 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Seven G Engineering Pty Ltd and the Australian Workers' Union. The dispute centred around the approval of the Seven G Engineering Pty Ltd Roy Hill AWU Greenfields Agreement 2014, which sought to establish the terms and conditions for employees involved in the construction of the Roy Hill mine in Western Australia. The application for approval was brought by Seven G Engineering Pty Ltd, while the Australian Workers' Union represented the interests of the employees.

The primary legal issues for the Commission to determine were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions for the employees. The Commission had to consider whether the agreement complied with the relevant provisions of the Act, including the requirement for good faith bargaining, and whether it provided adequate protections for the employees.

In its decision, the Commission examined the negotiation process and the contents of the agreement. It found that the agreement had been negotiated in good faith and that it contained provisions that were fair and reasonable for the employees. The Commission noted that the agreement provided for adequate protections, including provisions for minimum rates of pay, overtime rates, shift penalties, and leave entitlements. The Commission also considered the evidence provided by the parties and the context in which the agreement was negotiated.

As a result of its findings, the Commission approved the Seven G Engineering Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The approval was subject to certain conditions, including the requirement that the agreement be registered with the Fair Work Commission and that it be given to all employees covered by the agreement. The Commission also made orders to ensure that the agreement was properly implemented and enforced. Overall, the decision provided clarity for both the employer and the employees regarding the terms and conditions of employment for the construction of the Roy Hill mine.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established