Total AMS Pty Ltd

[2014] FWCA 3347

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Total AMS Pty Ltd
(AG2014/1150)

TOTAL AMS PTY LTD AP5 AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 27 MAY 2014

Application for approval of the Total AMS Pty Ltd AP5 AWU Greenfield Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Total AMS Pty Ltd AP5 AWU Greenfield Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] 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.

[4] 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 two years and six months from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Total AMS Pty Ltd is an applicant for approval of the Total AMS Pty Ltd AP5 AWU Greenfield Agreement 2014, which is a modern award providing terms and conditions of employment for workers. The application was brought before the Fair Work Commission. The primary issue for the Commission was whether the agreement met the criteria for approval under section 234 of the Fair Work Act 2009. This involved determining if the agreement provided for fair and reasonable terms, covered all necessary matters, and was genuinely agreed upon by both parties.

The Commission considered the content of the agreement, the process by which it was negotiated, and whether it provided for a fair and reasonable outcome for employees. It examined whether the agreement included terms that were consistent with the general principles of industrial law and whether the process of negotiation was fair and genuine. The Commission also assessed if the agreement covered all necessary matters as outlined in the Fair Work Act. The Commission found that the agreement did meet the criteria for approval as it contained terms that were fair and reasonable, covered the necessary matters, and was genuinely agreed upon by both parties. The process of negotiation was deemed to be fair and genuine, with evidence of good faith and meaningful engagement between the parties.

The Fair Work Commission approved the Total AMS Pty Ltd AP5 AWU Greenfield Agreement 2014, finding it to be a fair and reasonable agreement that covered all necessary matters. The Commission's decision was based on the comprehensive terms of the agreement, the fairness of the negotiation process, and the evidence provided by both parties. This approval ensures that the agreement will provide a stable and fair framework for the employment of workers under the terms of the modern award.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established