UON Pty Ltd T/A UON Pty Ltd Summary

[2014] FWCA 3234

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UON Pty Ltd T/A UON Pty Ltd
(AG2014/1119)

UON PTY LTD NORTH STAR STAGE 1 PROJECT AWU GREENFIELDS AGREEMENT 2014

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

Application for approval of the UON Pty Ltd North Star Stage 1 Project AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the UON Pty Ltd North Star Stage 1 Project 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 two years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved UON Pty Ltd, trading as UON Pty Ltd, which applied for approval of the North Star Stage 1 Project AWU Greenfields Agreement 2014. The application was made under the Fair Work Act 2009, and the Australian Workers' Union (AWU) was the party that entered into the agreement with UON. The primary dispute was whether the agreement met the statutory requirements for approval under the Act, particularly focusing on the process of agreement making and the substantive terms of the agreement.

The legal issues before the court encompassed whether the agreement had been made in good faith, whether it had been fairly and properly negotiated, and whether it complied with the provisions of the Fair Work Act. Additionally, the court had to consider whether the agreement's terms were fair and reasonable in all the circumstances, including the process by which the agreement was made. This involved examining the procedural fairness and the substantive fairness of the agreement, including the rights and obligations of the parties involved.

The court found that the application for approval was valid and that the agreement had been made in good faith. It held that the process of negotiation and the terms of the agreement were fair and reasonable. The court was satisfied that the AWU had been adequately represented and that the agreement's terms reflected the parties' intentions. The court approved the North Star Stage 1 Project AWU Greenfields Agreement 2014, granting UON the necessary authorisation to implement the agreement.

The court's decision was based on the comprehensive evidence provided by UON and the AWU, which demonstrated that the agreement had been fairly negotiated and that it met the statutory requirements for approval. The final orders included the approval of the agreement and the authorisation for UON to implement it as per the terms set out in the agreement.

UON Pty Ltd T/A UON Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established