Walz Group Pty Ltd

[2014] FWCA 34

FAIR WORK COMMISSION

DECISION

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

Walz Group Pty Ltd
(AG2013/12167)

WALZ GROUP PTY LTD HHI GROSVENOR PROJECT UNION GREENFIELDS AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 2 JANUARY 2014

Application to approve the Walz Group Pty Ltd HHI Grosvenor Project Union Greenfields Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 23 December 2013 by Walz Group Pty Ltd for the approval of a Greenfields agreement known as the Walz Group Pty Ltd HHI Grosvenor Project Union Greenfields Agreement(“the Agreement”).

[2] Statutory declarations were provided by:

Mr R. Webb, State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”); and

Mr P. Simpson, Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[3] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AMWU and CEPU are 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 and that it is in the public interest to approve the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Walz Group Pty Ltd, sought the approval of the proposed Walz Group Pty Ltd HHI Grosvenor Project Union Greenfields Agreement, which aimed to govern industrial relations for employees involved in a project at the Grosvenor Coal Mine. The Fair Work Commission was the court that heard the application. The primary legal issues the court needed to address were whether the proposed agreement met the requirements for a greenfields agreement under the Fair Work Act 2009 and whether it was in the best interests of the employees.

The court examined the application under the specific provisions of the Fair Work Act, focusing on the definition and criteria for a greenfields agreement. It considered whether the agreement was necessary for the establishment of a new enterprise and if it provided for the terms and conditions of employment for employees who would be employed at the new enterprise. The court also evaluated whether the proposed agreement was in the best interests of the employees, taking into account factors such as the fairness of the terms, the protection of employee rights, and the overall benefits for the workforce.

After thorough consideration, the Fair Work Commission found that the proposed agreement met the legislative criteria for a greenfields agreement. The court determined that the agreement was necessary for the establishment of the new enterprise and provided for the terms and conditions of employment as required. Additionally, the court concluded that the agreement was in the best interests of the employees, as it offered fair and reasonable terms, protected employee rights, and provided overall benefits for the workforce. Consequently, the application for approval of the proposed agreement was granted.

The final order of the court was to approve the Walz Group Pty Ltd HHI Grosvenor Project Union Greenfields Agreement, allowing it to come into effect and govern the industrial relations for employees involved in the project at the Grosvenor Coal Mine.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established