DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Springfield Assests Pty Ltd T/A Polyfit Fabrication
(AG2015/376)

POLYFIT FABRICATION ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 MARCH 2015

Application for approval of the Polyfit Fabrication Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Polyfit Fabrication Roy Hill AWU Greenfields Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Springfield Assets Pty Ltd T/A Polyfit Fabrication. 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 2 March 2015 and, in accordance with s.54, will operate from 9 March 2015. The nominal expiry date of the Agreement is 2 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, Springfield Assets Pty Ltd, trading as Polyfit Fabrication, applied for the approval of the Polyfit Fabrication Roy Hill AWU Greenfields Agreement 2015. The applicant sought to have the agreement, which outlines the terms and conditions of employment for workers at the Roy Hill Project, approved under section 186 of the Fair Work Act 2009. The Australian Workers' Union (AWU) opposed the application on the basis that the agreement did not meet the requirements of the Act.

The central legal issues before the court were whether the agreement was an appropriate mechanism for facilitating the making of an enterprise agreement and if it complied with the procedural requirements set out in the Fair Work Act. The AWU argued that the agreement did not adequately address certain matters, including provisions relating to the classification of workers and the process for resolving disputes. The applicant, on the other hand, contended that the agreement was a fair and reasonable means of facilitating the negotiation and making of an enterprise agreement.

The court found that the Polyfit Fabrication Roy Hill AWU Greenfields Agreement 2015 was an appropriate mechanism for facilitating the making of an enterprise agreement. The court considered the terms of the agreement and concluded that they were fair and reasonable, taking into account the interests of both the employer and the employees. The court also found that the agreement complied with the procedural requirements set out in the Fair Work Act, including the requirement that the agreement be in writing and signed by authorised representatives of the parties. The court therefore approved the agreement.

The final orders of the court were that the Polyfit Fabrication Roy Hill AWU Greenfields Agreement 2015 be approved as a registered agreement under section 186 of the Fair Work Act. The agreement will now be registered and will have the same effect as if it had been made as an enterprise agreement under the Act.

Springfield Assests Pty Ltd T/A Polyfit Fabrication

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established