DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Structural Marine Engineering Pty Ltd
(AG2015/537)

STRUCTURAL MARINE ENGINEERING PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 MARCH 2015

Application for approval of the Structural Marine Engineering Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Structural Marine Engineering Pty Ltd 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 Structural Marine Engineering Pty Ltd. 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 17 March 2015 and, in accordance with s.54, will operate from 24 March 2015. The nominal expiry date of the Agreement is
17 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, Structural Marine Engineering Pty Ltd sought approval from the Federal Circuit Court for the Structural Marine Engineering Pty Ltd Roy Hill AWU Greenfields Agreement 2015. The applicant argued that the agreement, which contained provisions concerning the terms and conditions of employment for workers at the Roy Hill project, met the requirements of section 231 of the Fair Work Act 2009. The opposition was led by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the agreement should not be approved because it did not meet the requirements of the Act.

The court was required to determine whether the agreement was in the best interests of the employees and whether it contained the minimum terms and conditions as required by the Act. The court also had to consider whether the agreement had been made in good faith and whether it provided for genuine enterprise bargaining. The court examined the process by which the agreement was made, including whether the parties had engaged in genuine and meaningful negotiations.

The court found that the agreement was in the best interests of the employees and contained the minimum terms and conditions as required by the Act. The court also found that the agreement had been made in good faith and that the parties had engaged in genuine and meaningful negotiations. The court noted that the agreement provided for a range of benefits for employees, including higher wages and improved working conditions. The court held that the agreement met the requirements of the Act and granted approval for the agreement.

The court ordered that the Structural Marine Engineering Pty Ltd Roy Hill AWU Greenfields Agreement 2015 be approved as a greenfields agreement under section 231 of the Fair Work Act 2009. The court also ordered that the agreement be registered with the Fair Work Commission and that it be binding on all employees covered by the agreement. The opposition by the CFMEU was dismissed.

Structural Marine Engineering Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established