TC Drainage (WA) Pty Ltd T/A TC Drainage

[2013] FWCA 805

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TC Drainage (WA) Pty Ltd T/A TC Drainage
(AG2013/192)

TC DRAINAGE (WA) PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 6 FEBRUARY 2013

Application for approval of the TC Drainage (WA) Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the TC Drainage (WA) Pty Ltd Roy Hill AWU Greenfields Agreement 2013 (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] 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] 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 case of TC Drainage (WA) Pty Ltd trading as TC Drainage, the applicant sought approval from the Fair Work Commission for the TC Drainage (WA) Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The application was brought under the Fair Work Act 2009. The agreement was to cover employees who work on the Roy Hill project, which is a joint venture between Australian and Japanese companies, located in the Pilbara region of Western Australia. The applicant was concerned with obtaining approval for the agreement to ensure compliance with the statutory framework and to avoid potential industrial disputes.

The primary legal issue before the commission was whether the proposed agreement complied with the requirements of the Fair Work Act. This involved an examination of whether the agreement was genuinely negotiated, if it contained the necessary minimum terms and conditions, and if it was in the best interests of the employees. The commission needed to determine if the agreement was fair and reasonable, considering the specific circumstances of the employees and the employer.

The commission held that the agreement met the statutory requirements and was genuinely negotiated. It included all the minimum terms and conditions as stipulated by the Fair Work Act. The commission found that the agreement was fair and reasonable, taking into account the unique aspects of the project and the working conditions. The commission also noted that the agreement provided for appropriate protections and benefits for the employees. Based on these findings, the commission approved the TC Drainage (WA) Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

As a result of the commission's decision, the agreement was approved, allowing it to come into effect. This decision provided legal certainty for both the employer and the employees, ensuring compliance with the statutory framework and avoiding potential industrial disputes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established