DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Team Roof Pty Ltd
(AG2015/309)

TEAM ROOF PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 FEBRUARY 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Team Roof 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 Team Roof 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 26 February 2015 and, in accordance with s.54, will operate from 5 March 2015. The nominal expiry date of the Agreement is 25 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Team Roof Pty Ltd applied to the Fair Work Commission for approval of the Team Roof Pty Ltd Roy Hill AWU Greenfields Agreement 2015. The applicant and the Australian Workers' Union were parties to the agreement which was to cover employees of Team Roof Pty Ltd at the Roy Hill Project in Western Australia. The dispute was whether the agreement was a genuine enterprise agreement as required by the Fair Work Act 2009. The applicant argued that it was, and that the agreement was an authentic expression of the will of the employees, reflecting their true wishes.

The issues before the Commission were whether the agreement was genuinely negotiated and whether the agreement reflected the true wishes of the employees. The Commission considered whether the agreement was an authentic expression of the will of the employees, and whether the process by which it was negotiated was appropriate. The applicant argued that the agreement was genuinely negotiated, and that the process was appropriate. The applicant also argued that the agreement was an authentic expression of the will of the employees, and that the employees had genuinely agreed to the terms of the agreement.

The Commission held that the agreement was genuinely negotiated and that it reflected the true wishes of the employees. The Commission found that the process by which the agreement was negotiated was appropriate, and that the agreement was an authentic expression of the will of the employees. The Commission also found that the employees had genuinely agreed to the terms of the agreement, and that the agreement was a genuine enterprise agreement as required by the Fair Work Act 2009. The application was approved.

The Commission ordered that the agreement be approved as a genuine enterprise agreement. The agreement was to be registered with the Fair Work Commission, and would have effect from the date of registration. The Commission also ordered that the agreement be published in the Federal Register of Legislation, and that a copy of the agreement be provided to the parties and to the Fair Work Commission.

Team Roof 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