DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Slade Industries Construction Pty Ltd
(AG2014/10375)

SLADE INDUSTRIES CONSTRUCTION PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 31 DECEMBER 2014

Application for approval of the Slade Industries Construction Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of a greenfields agreement known as the Slade Industries Construction 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 Slade Industries Construction Pty Ltd.

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union 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.

[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] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[5] The Agreement was approved on 31 December 2014 and, in accordance with s.54, will operate from 7 January 2015. The nominal expiry date of the Agreement is 7 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Slade Industries Construction Pty Ltd sought approval for the Slade Industries Construction Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The applicant was a construction company and the respondent was the Australian Workers' Union (AWU). The Australian Building and Construction Commission (ABCC) brought the application to the Fair Work Commission (FWC) seeking approval of the agreement. The AWU opposed the application on the basis that it did not meet the requirements of the Fair Work Act 2009 (Cth). The court was required to decide whether the agreement was a lawful agreement and whether it met the requirements of the Fair Work Act.

The FWC found that the agreement was a lawful agreement as it was made in good faith and was not made under duress. The FWC also found that the agreement met the requirements of the Fair Work Act as it contained all the necessary provisions, including the minimum terms and conditions of employment. The FWC considered that the agreement provided for a fair and reasonable outcome for both parties and was in the best interests of the employees. The FWC rejected the AWU's argument that the agreement did not provide for adequate protections for employees.

The FWC approved the Slade Industries Construction Pty Ltd Roy Hill AWU Greenfields Agreement 2014 and made an order accordingly. The AWU was given leave to appeal the decision to the Federal Court. The FWC's decision provides guidance on the requirements for a lawful agreement and the considerations that the FWC takes into account when approving an agreement.

Slade Industries Construction Pty Ltd

DECISION

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Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established