DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Supercivil Pty Ltd
(AG2015/680)

SUPERCIVIL PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 MARCH 2015

Application for approval of the Supercivil Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Supercivil 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 Supercivil 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 27 March 2015 and, in accordance with s.54, will operate from 3 April 2015. The nominal expiry date of the Agreement is 26 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Supercivil Pty Ltd, a construction company, and the Australian Workers' Union (AWU), representing the workers at the Roy Hill Greenfields project. The dispute centred around the approval of the Supercivil Pty Ltd Roy Hill AWU Greenfields Agreement 2015, which sought to establish the terms and conditions of employment for workers engaged in the construction of the Roy Hill mining project. The matter was heard by the Fair Work Commission, which has the jurisdiction to approve and register enterprise agreements.

The legal issues before the court were primarily whether the agreement met the formal requirements for approval under the Fair Work Act 2009, and whether it provided for the fair and equitable treatment of employees. Key considerations included the fairness of the terms and conditions, the process by which the agreement was negotiated, and the extent to which the agreement complied with relevant legislative provisions. The court needed to determine whether the agreement was genuinely negotiated and whether it contained all the mandatory terms required by the Act.

In examining these issues, the Commission reviewed the negotiation process and the content of the agreement. It considered whether there was genuine negotiation between the parties and whether the agreement was in the best interests of the employees. The Commission also assessed whether the agreement complied with all formal requirements, such as the inclusion of a dispute resolution clause and the proper certification process. Ultimately, the Commission found that the agreement was fairly negotiated and met all legislative requirements, thus approving the Supercivil Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

The Fair Work Commission approved the agreement, finding that it complied with the necessary legislative requirements and was in the best interests of the employees. The Commission concluded that the agreement was the product of genuine negotiations and contained all the mandatory terms required by the Fair Work Act 2009. Consequently, the Supercivil Pty Ltd Roy Hill AWU Greenfields Agreement 2015 was registered, and the terms and conditions it established became legally binding for the parties involved.

SUPERCIVIL PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established