Tristar Operations and Maintenance Pty Ltd

[2014] FWCA 1885

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tristar Operations and Maintenance Pty Ltd
(AG2014/580)

TRISTAR OPERATIONS AND MAINTENANCE PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 21 MARCH 2014

Application for approval of the Tristar Operations and Maintenance Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Tristar Operations and Maintenance 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 an application by Tristar Operations and Maintenance Pty Ltd for the approval of the Tristar Operations and Maintenance Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The dispute centered around the agreement's provisions, which were negotiated between the company and the Australian Workers Union. The application was heard by the Commission, which was required to determine whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the statutory requirements for enterprise agreements, including provisions on minimum wages and conditions, and whether the agreement was made in good faith and without coercion. Additionally, the Commission had to consider whether the agreement provided for proper employee representation and consultation processes.

The Commission, after reviewing the evidence and submissions from both parties, concluded that the agreement met the necessary legal criteria. The Commission found that the agreement contained provisions that ensured minimum wages and conditions were met, and that it was made in good faith without coercion. The Commission also determined that the agreement provided for appropriate employee representation and consultation mechanisms. Consequently, the Commission approved the agreement, finding it to be fair and reasonable.

The Fair Work Commission approved the Tristar Operations and Maintenance Pty Ltd Roy Hill AWU Greenfields Agreement 2014, determining that it met all statutory requirements for an enterprise agreement. The approval allows the agreement to be registered and enforceable, providing a framework for the terms and conditions of employment for the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established