Silverstrand Developments Pty Ltd

[2014] FWCA 1772

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Silverstrand Developments Pty Ltd
(AG2014/522)

SILVERSTRAND DEVELOPMENTS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 17 MARCH 2014

Application for approval of the Silverstrand Developments Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Silverstrand Developments 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 the Federal Court, Silverstrand Developments Pty Ltd sought approval of the Roy Hill AWU Greenfields Agreement 2014. The applicant intended to enter into the agreement with the Australian Workers' Union, representing workers at the Roy Hill iron ore mine in Western Australia. The dispute centred on the fairness and compliance of the agreement with the Fair Work Act 2009.

The court had to determine if the agreement was procedurally and substantively fair, and if it complied with the requirements of the Fair Work Act. The key issues were whether the agreement had been negotiated in good faith, if the workers' rights were adequately protected, and whether the terms of the agreement were reasonable in all circumstances. The court also had to consider if the agreement met the statutory requirements for approval under the Act.

In its reasoning, the court found that the agreement was procedurally fair, as it had been negotiated in good faith and the process had been transparent. The court further found that the agreement was substantively fair, as it provided adequate protections for the workers and the terms were reasonable. The agreement met all statutory requirements for approval, including provisions for dispute resolution and compliance with the Act. The court approved the agreement, finding it to be in the best interests of the workers and the employer.

The court's final order was to approve the Roy Hill AWU Greenfields Agreement 2014, allowing it to be registered and enforced as a registered agreement under the Fair Work Act. The agreement was to come into effect on the date of the court's approval, and both parties were bound by its terms. The approval signified the court's endorsement of the agreement's fairness and compliance with the Act, providing certainty and legal enforceability to the terms negotiated between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established