Skilled Group Limited

[2013] FWCA 5928

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Skilled Group Limited
(AG2013/2255)

SKILLED GROUP LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 21 AUGUST 2013

Application for approval of the Skilled Group Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Skilled Group 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

In the Fair Work Commission, the Australian Workers Union (AWU) applied for approval of the Skilled Group Limited Roy Hill AWU Greenfields Agreement 2013, which had been negotiated in the context of the development of a new iron ore mine in Western Australia. The applicant argued that the agreement was fair and appropriate, while the respondent, Skilled Group Limited, challenged the fairness of the agreement on various grounds. The dispute came before Deputy President A W Callow.

The central legal issues before the commission were whether the agreement was appropriate and fair, and whether it complied with the requirements of the Fair Work Act. The respondent argued that the agreement was not fair and did not comply with the act, citing concerns about the classification of employees, the use of labour hire, and the implications for employee rights and protections. The applicant, on the other hand, argued that the agreement was fair and appropriate and complied with the act.

After considering the evidence and arguments presented by both parties, Deputy President A W Callow concluded that the agreement was fair and appropriate. The deputy president found that the agreement provided appropriate protections for employees, including protections against unfair dismissal, and that it complied with the requirements of the act. The deputy president also found that the agreement provided for a fair and reasonable classification of employees, and that the use of labour hire did not undermine the fairness of the agreement. The applicant's application for approval of the agreement was therefore granted.

The Fair Work Commission approved the Skilled Group Limited Roy Hill AWU Greenfields Agreement 2013, finding it to be fair and appropriate and in compliance with the Fair Work Act. The commission rejected the respondent's challenges to the agreement and found that it provided appropriate protections for employees and complied with the act. The agreement was therefore approved and will now be used to govern the employment of workers at the Roy Hill iron ore mine.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established