TREK Contracting Pty Ltd Summary

[2014] FWCA 2017

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TREK Contracting Pty Ltd
(AG2014/639)

TREK CONTRACTING PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 4 APRIL 2014

Application for approval of the TREK Contracting Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the TREK Contracting 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

In the Fair Work Commission, TREK Contracting Pty Ltd sought approval for the TREK Contracting Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The dispute arose between TREK Contracting Pty Ltd and the Australian Workers' Union (AWU) concerning the terms and conditions of employment for workers at the Roy Hill project. The Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the requirements for approval, particularly under sections 234 and 235 of the Fair Work Act. The Commission needed to assess if the agreement had been made in good faith, and if it provided for a fair and efficient workplace. The Commission also had to consider if the agreement was likely to achieve a better outcome for the employees and if it adhered to the relevant industrial instruments.

After a comprehensive review of the submissions and evidence, the Commission determined that the agreement was made in good faith and was likely to achieve a better outcome for the employees. The Commission found that the agreement was fair and efficient, and it complied with all the statutory requirements for approval. Consequently, the Commission approved the TREK Contracting Pty Ltd Roy Hill AWU Greenfields Agreement 2014, effective from 1 September 2014.

No further orders were made by the Commission. The decision underscores the importance of ensuring that enterprise agreements are thoroughly vetted to meet the statutory criteria for approval, thus safeguarding the interests of both employers and employees.

TREK Contracting Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established