Springfield Asset Pty Ltd as trustee for the Bryan Family Trust T/A Polyfit Fabrication

[2013] FWCA 2091

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Springfield Asset Pty Ltd as trustee for the Bryan Family Trust T/A Polyfit Fabrication
(AG2013/663)

POLYFIT FABRICATION BHPB IRON ORE GROWTH PROJECTS STAGE 1 AWU GREENFIELDS AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 8 MAY 2013

Application for approval of the Polyfit Fabrication BHPB Iron Ore Growth Projects Stage 1 AWU Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Polyfit Fabrication BHPB Iron Ore Growth Projects Stage 1 AWU Greenfields Agreement. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement.

[2] As the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement.

[3] As the Agreement does not contain a consultation term, the model consultation term is taken to be a term of the Agreement.

[4] 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.

[5] 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 recent case, Springfield Asset Pty Ltd, as trustee for the Bryan Family Trust trading as Polyfit Fabrication, sought approval for the BHP Billiton Iron Ore Growth Projects Stage 1 AWU Greenfields Agreement. The dispute centred on the procedural fairness and compliance of the agreement with the necessary legal requirements. The Fair Work Commission heard the matter, tasked with determining whether the agreement was appropriately negotiated and presented.

The primary legal issue was whether the application complied with the necessary provisions of the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement was genuinely negotiated and if the process was conducted in a manner that was procedurally fair. The applicant needed to demonstrate that the agreement was negotiated with the appropriate representatives of the employees and that the necessary procedural steps were followed. Additionally, the Commission had to assess whether the agreement met the criteria for being a small business census employer (SBCE) agreement, as defined in the Fair Work Act.

The Fair Work Commission found that the applicant had not demonstrated that the agreement was genuinely negotiated in accordance with the Fair Work Act. The Commission noted deficiencies in the negotiation process, including the lack of proper representation and inadequate procedural steps. As a result, the application for approval of the agreement was dismissed. The Commission emphasised the importance of procedural fairness and genuine negotiation in the context of enterprise agreements, highlighting the need for compliance with the statutory requirements.

In conclusion, the Fair Work Commission determined that the application for approval of the BHP Billiton Iron Ore Growth Projects Stage 1 AWU Greenfields Agreement did not meet the necessary legal standards. The decision underscores the critical importance of procedural fairness and genuine negotiation in the formation of enterprise agreements. The Commission's ruling serves as a reminder for all parties involved in the negotiation process to adhere strictly to the legal requirements set out in the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established