Trad Scaffs Pty Ltd

[2014] FWCA 3557

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trad Scaffs Pty Ltd
(AG2014/1172)

TRAD SCAFFS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 3 JUNE 2014

Application for approval of the Trad Scaffs Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Trad Scaffs Pty Ltd Roy Hill AWU Greenfields 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 three and a half years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Trad Scaffs Pty Ltd, an employer, and the Australian Workers Union (AWU). The dispute centred around the approval of the Roy Hill AWU Greenfields Agreement 2014, which sought to establish terms and conditions of employment for workers at the Roy Hill project in Western Australia. The Commission was required to determine whether the agreement met the necessary criteria under the Fair Work Act 2009.

The primary legal issues before the Commission included whether the agreement had been made in good faith, was free from coercion, and provided for appropriate mechanisms for resolving disputes. Additionally, the Commission had to assess if the agreement provided fair and reasonable terms and conditions, and whether it met the requirements for an enterprise agreement under the Act. The Commission also had to consider submissions from both parties and relevant stakeholders to determine if the agreement was in the best interests of the employees and the employer.

The Commission found that the agreement was made in good faith and was free from any form of coercion. The agreement provided for dispute resolution mechanisms that were deemed adequate and appropriate. Furthermore, the Commission concluded that the terms and conditions of the agreement were fair and reasonable, taking into account the unique circumstances of the Roy Hill project. The Commission was satisfied that the agreement met the necessary requirements under the Fair Work Act 2009. Therefore, the Commission approved the Roy Hill AWU Greenfields Agreement 2014.

The Commission's decision resulted in the formal approval of the agreement, which will now govern the employment terms and conditions for workers at the Roy Hill project. The agreement will provide certainty and stability for both the employer and employees, while also ensuring that the rights and interests of both parties are protected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established