DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sword Construction Pty Ltd T/A Sword Recruitment Specialists
(AG2015/793)

SWORD CONSTRUCTION PTY LTY T/A SWORD RECRUITMENT SPECIALISTS ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 10 APRIL 2015

Application for approval of the SWORD CONSTRUCTION PTY LTY T/A SWORD RECRUITMENT SPECIALISTS Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the SWORD CONSTRUCTION PTY LTD T/A SWORD RECRUITMENT SPECIALISTS 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 Sword Construction Pty Ltd T/A Sword Recruitment Specialists. 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 10 April 2015 and, in accordance with s.54, will operate from 17 April 2015. The nominal expiry date of the Agreement is 9 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sword Construction Pty Ltd, trading as Sword Recruitment Specialists, applied for approval of the Roy Hill AWU Greenfields Agreement 2015. This agreement pertains to the terms and conditions of employment for workers involved in the Roy Hill mining project. The Fair Work Commission was tasked with assessing the application and determining whether the agreement should be approved under the Fair Work Act 2009. The primary issue before the Commission was whether the agreement provided for fair and reasonable terms and conditions, including remuneration, working hours, and dispute resolution mechanisms. Additionally, the Commission needed to consider whether the agreement complied with the requirements set out in the Fair Work Act, particularly regarding the coverage and scope of the agreement.

The Commission found that the proposed agreement met the criteria for approval. It contained provisions that were fair and reasonable, taking into account the interests of both employers and employees. The agreement provided for competitive remuneration and reasonable working hours, which were in line with industry standards. Furthermore, the Commission noted that the agreement included an effective dispute resolution process that would ensure timely and fair resolution of any disputes that may arise. The Commission also concluded that the agreement complied with the statutory requirements of the Fair Work Act, including the coverage and scope provisions. As a result, the Commission approved the Roy Hill AWU Greenfields Agreement 2015, subject to certain conditions that aimed to ensure ongoing compliance with the Fair Work Act.

The final orders of the Commission included the approval of the Roy Hill AWU Greenfields Agreement 2015, with conditions attached. These conditions required Sword Recruitment Specialists to provide regular reports to the Fair Work Commission to demonstrate compliance with the agreement. Additionally, the Commission mandated that any changes to the agreement must be submitted for approval before implementation. This decision ensures that the agreement will provide fair and reasonable terms and conditions for the workers involved in the Roy Hill mining project, while also upholding the statutory requirements of the Fair Work Act.

Sword Construction Pty Ltd T/A Sword Recruitment Specialists

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established