Underground Services Australia Pty Ltd Summary

[2014] FWCA 4129

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Underground Services Australia Pty Ltd
(AG2014/1479)

UNDERGROUND SERVICES AUSTRALIA PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 27 JUNE 2014

Application for approval of the Underground Services Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2014

[1] An application has been made for approval of an enterprise agreement known as the Underground Services Australia 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 half years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Underground Services Australia Pty Ltd applied to the Fair Work Commission for approval of the Underground Services Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The Australian Workers' Union sought to intervene in the proceedings on the basis that the proposed agreement did not provide adequate protections for employees. The dispute centred on the fairness and appropriateness of the agreement's terms concerning employee entitlements, particularly in relation to shift patterns, overtime, and leave provisions.

The central legal issues were whether the agreement provided for terms and conditions of employment that were fair and beneficial to the employees, and whether the agreement was made in good faith. The Commission considered whether the agreement complied with the Fair Work Act 2009, including the requirements for good faith bargaining and the provision of better terms and conditions of employment than those provided by the relevant Award. Additionally, the Commission examined if the agreement met the criteria for being a safety net agreement.

The Fair Work Commission determined that the agreement was made in good faith and provided for terms and conditions of employment that were no less favourable than those provided by the relevant Award. The Commission found that the agreement contained provisions that were beneficial to employees, including those concerning shift patterns, overtime, and leave. The Commission approved the agreement, noting that it met the statutory requirements under the Fair Work Act. The Australian Workers' Union's concerns regarding the adequacy of protections were addressed, and the agreement was found to be fair and appropriate.

The Commission approved the Underground Services Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2014, confirming its compliance with the statutory requirements and its provision of fair and beneficial terms and conditions of employment. The agreement was certified as a safety net agreement, effective from the date of the Commission's decision.

Underground Services Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established