Total Momentum Pty Ltd Summary

[2014] FWCA 897

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Total Momentum Pty Ltd
(AG2013/10375)

TOTAL MOMENTUM PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 FEBRUARY 2014

Application for approval of the Total Momentum Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Total Momentum Pty Ltd Roy Hill AWU Greenfields Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Total Momentum Pty Ltd. 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] 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.

[4] The Agreement was approved on 5 February 2014 and, in accordance with s.54, will operate from 12 February 2014. The nominal expiry date of the Agreement is 5 August 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Total Momentum Pty Ltd applied to the Fair Work Commission for approval of the Total Momentum Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The application was opposed by the Australian Workers' Union, who raised concerns about the agreement's provisions regarding the classification of employees, the scope of industrial awards, and the operation of certain provisions in relation to employees' rights. The matter was heard by Deputy President Edmonds of the Fair Work Commission.

The primary legal issues the court had to address were whether the agreement provided adequate protections for employees' rights, whether it complied with the requirements of the Fair Work Act 2009, and whether it met the criteria for an approved agreement as outlined in the legislation. The court also considered the arguments presented by both parties regarding the interpretation of specific clauses in the agreement.

The court found that the Total Momentum Pty Ltd Roy Hill AWU Greenfields Agreement 2013 did provide adequate protections for employees' rights, complied with the requirements of the Fair Work Act 2009, and met the criteria for an approved agreement. The court rejected the Australian Workers' Union's arguments regarding the classification of employees, the scope of industrial awards, and the operation of certain provisions in the agreement. The court found that the agreement was fair and reasonable and would not have an adverse effect on employees' rights or the operation of the workplace.

The Fair Work Commission approved the Total Momentum Pty Ltd Roy Hill AWU Greenfields Agreement 2013, finding that it met the criteria for an approved agreement under the Fair Work Act 2009. The court's decision was based on its finding that the agreement provided adequate protections for employees' rights, complied with the requirements of the legislation, and would not have an adverse effect on employees' rights or the operation of the workplace. The court's decision was final and binding, and the agreement was approved for operation in the relevant workplace.

Total Momentum Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established