Starr-Huia Pty Ltd Summary

[2013] FWCA 6889

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Starr-Huia Pty Ltd
(AG2013/2727)

CLW EARTHMOVING ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 18 SEPTEMBER 2013

Application for approval of the CLW Earthmoving Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the CLW Earthmoving 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 three years and six months from the date of operation.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Starr-Huia Pty Ltd sought approval of the CLW Earthmoving Roy Hill AWU Greenfields Agreement 2013. The applicant argued the agreement was necessary to address specific operational requirements at the Roy Hill site, including the need for flexibility and efficiency in earthmoving operations. The Australian Workers' Union opposed the application, arguing that the agreement undermined existing industrial awards and agreements, leading to poorer conditions for employees.

The court had to decide whether the proposed agreement met the requirements of section 234 of the Fair Work Act 2009, which mandates that an enterprise agreement must provide a safety net of at least the minimum terms and conditions set out in relevant awards and agreements. The court also had to assess whether the agreement facilitated, promoted, or improved the efficiency of the enterprise, or the productivity of the workforce.

The court found that the proposed agreement did provide a safety net for employees, meeting the minimum terms and conditions required by the Act. The agreement also facilitated and promoted operational efficiency and workforce productivity at the Roy Hill site. The court was satisfied that the agreement was in the best interests of the employees, as it addressed specific operational needs while ensuring that employees were not disadvantaged. Consequently, the court approved the CLW Earthmoving Roy Hill AWU Greenfields Agreement 2013.

Starr-Huia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established