Visionstream Pty Ltd

[2014] FWCA 1776

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visionstream Pty Ltd
(AG2013/10503)

VISIONSTREAM PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 MARCH 2014

Application for approval of the Visionstream Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Visionstream Pty Ltd Roy Hill AWU Greenfields Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Visionstream Pty Ltd. The Agreement is a greenfields agreement.

[2] 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.

[3] I am satisfied that the Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The model consultation clause is taken to be a term of the Agreement.

[5] The Agreement was approved on 14 March 2014 and, in accordance with s.54, will operate from 21 March 2014. The nominal expiry date of the Agreement is 13 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Visionstream Pty Ltd applied to the Fair Work Commission for approval of the Visionstream Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The applicant is an employer engaged in the telecommunications industry, while the Australian Workers' Union (AWU) represents the employees. The agreement pertains to terms and conditions of employment for workers at the Roy Hill mining site in Western Australia. The Commission was tasked with determining whether the agreement should be certified as a greenfields agreement under the Fair Work Act 2009.

The central legal issue was whether the agreement satisfied the statutory requirements for certification as a greenfields agreement. This required the Commission to examine whether the agreement was made in good faith, covered a majority of the workforce, and met the specific criteria set out in section 234 of the Fair Work Act. Additionally, the Commission needed to ensure that the agreement was not contrary to public policy and provided for proper consultation between the parties.

The Commission concluded that the agreement met all the necessary criteria for certification. It was found to be made in good faith, covered a majority of the workforce, and contained provisions that aligned with the statutory requirements for a greenfields agreement. The Commission also determined that the agreement did not contravene public policy and that proper consultation had occurred between the parties. Consequently, the application for approval was successful, and the agreement was certified as a greenfields agreement. The Commission's decision was based on a thorough analysis of the evidence presented and a careful consideration of the legal framework governing greenfields agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established