Total Eden Pty Limited T/A Total Eden Summary

[2014] FWCA 6102

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Total Eden Pty Limited T/A Total Eden
(AG2014/1972)

TOTAL EDEN PTY LIMITED ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 SEPTEMBER 2014

Application for approval of the Total Eden Pty Limited Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Total Eden Pty Limited Roy Hill AWU Greenfields Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Total Eden Pty Limited T/A Total Eden. 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] 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] 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 3 September 2014 and, in accordance with s.54, will operate from 10 September 2014. The nominal expiry date of the Agreement is 3 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Total Eden Pty Limited, trading as Total Eden, brought an application before the Fair Work Commission for the approval of the Total Eden Pty Limited Roy Hill AWU Greenfields Agreement 2014. The applicant sought the agreement to be approved as a safety net agreement under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the statutory requirements for a safety net agreement and whether it provided adequate protections for employees.

The primary legal issue before the Commission was whether the agreement sufficiently addressed the safety net provisions of the Fair Work Act, ensuring that the employees received no less than the relevant award or registered agreement terms. The applicant argued that the agreement offered terms and conditions that were at least as favourable as the relevant award. The Commission had to scrutinise the agreement to determine if it complied with the legislative criteria, including the provision of minimum entitlements and procedural fairness.

The Commission found that the agreement met the statutory requirements for a safety net agreement. It concluded that the proposed agreement provided employees with terms and conditions no less favourable than those available under the relevant award. The Commission also determined that the agreement was procedurally fair, with appropriate consultation processes in place. Consequently, the application for approval was successful. The Commission approved the Total Eden Pty Limited Roy Hill AWU Greenfields Agreement 2014 as a safety net agreement, effective from the date of the decision.

Total Eden Pty Limited T/A Total Eden

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established