DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Way Electrical Pty Ltd
(AG2015/290)

WAY ELECTRICAL PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 27 FEBRUARY 2015

Application for approval of the Way Electrical Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of a greenfields agreement known as the Way Electrical Pty Ltd Roy Hill AWU Greenfields Agreement 2015 (Agreement). The application was made by Way Electrical Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union 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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2015. The nominal expiry date of the Agreement is 26 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Way Electrical Pty Ltd, sought approval of the Roy Hill AWU Greenfields Agreement 2015 from the Fair Work Commission. The agreement proposed terms and conditions of employment for employees working on the Roy Hill project, a major mining operation in Western Australia. The dispute centred on the scope of the agreement and whether it complied with relevant industrial laws and regulations.

The primary legal issue was whether the agreement was an "enterprise agreement" as defined under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made by an employer or employers in accordance with the Act, and if it was in writing. Another issue was whether the agreement dealt with the terms and conditions of employment for employees working on the project, including their pay and hours of work.

The Fair Work Commission held that the agreement was indeed an enterprise agreement as it was in writing and dealt with the terms and conditions of employment. The Commission found that the agreement was made in accordance with the Act, and that it covered all employees working on the project. The Commission also found that the agreement was fair and reasonable, and approved it. The Commission noted that the agreement provided for a comprehensive set of terms and conditions, including pay rates, leave entitlements, and other benefits.

The Commission's decision was based on a detailed analysis of the agreement and the relevant laws and regulations. The Commission found that the agreement was comprehensive and provided for fair and reasonable terms and conditions of employment. The Commission also noted that the agreement had been negotiated in good faith between the parties, and that it provided for a fair and reasonable outcome for all employees working on the project. The Commission approved the agreement, and it is now in effect.

Way Electrical Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established