Vanson Enterprises Pty Ltd T/A Impressive Plumbing and Gasfitting

[2014] FWCA 3871

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Vanson Enterprises Pty Ltd T/A Impressive Plumbing and Gasfitting
(AG2014/1350)

IMPRESSIVE PLUMBING AND GASFITTING ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 13 JUNE 2014

Application for approval of the Impressive Plumbing and Gasfitting Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Impressive Plumbing and Gasfitting 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

Vanson Enterprises Pty Ltd, trading as Impressive Plumbing and Gasfitting, applied to the Fair Work Commission for the approval of the Impressive Plumbing and Gasfitting Roy Hill AWU Greenfields Agreement 2014. The applicant argued that the agreement was necessary for the effective operation of its business, particularly in the context of the Roy Hill Project, which was a significant infrastructure development. The Australian Workers Union was the other party involved in the agreement.

The central legal issue was whether the agreement met the statutory requirements under the Fair Work Act 2009, specifically if it provided for the fair and efficient operation of the business and if it complied with the criteria for an enterprise agreement. The applicant had to demonstrate that the agreement facilitated the efficient and effective operation of the business in the context of the Roy Hill Project. Additionally, the court needed to ensure that the agreement met the statutory criteria for approval, such as covering a small number of employees and not prejudicing the availability of federal safety net protections.

The Fair Work Commission found that the agreement facilitated the efficient and effective operation of the business by providing flexibility and efficiency in the workforce, which was essential for the project's success. The Commission also noted that the agreement complied with the statutory criteria for approval. It did not prejudice the availability of federal safety net protections and was made in good faith. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Impressive Plumbing and Gasfitting Roy Hill AWU Greenfields Agreement 2014, recognising its importance for the efficient and effective operation of Vanson Enterprises' business in the context of the Roy Hill Project. The Commission's decision confirmed that the agreement met the statutory criteria for approval and did not prejudice the availability of federal safety net protections.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established