DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Westkey Investments Pty Ltd T/A Westkey Modular Housing
(AG2015/4376)

WESTKEY INVESTMENTS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 20 AUGUST 2015

Application for approval of the Westkey Investments Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise Agreement known as the Westkey Investments Pty Ltd Roy Hill AWU Greenfields Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Westkey Investments Pty Ltd T/A Westkey Modular Housing.

[2] This is a greenfields Agreement that meets the requirements of s.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 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.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

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

[6] The Agreement is approved and, in accordance with s.54, will operate from
27 August 2015. The nominal expiry date of the Agreement is 20 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Westkey Investments Pty Ltd T/A Westkey Modular Housing, the Fair Work Commission was asked to approve the Westkey Investments Pty Ltd Roy Hill AWU Greenfields Agreement 2015. The agreement was intended to regulate the employment conditions of workers involved in the modular housing project at Roy Hill. The dispute primarily revolved around whether the agreement adequately met the criteria for approval under the Fair Work Act 2009. The Australian Workers' Union (AWU) and Westkey Investments Pty Ltd were the parties involved in the dispute. The AWU argued that the agreement did not sufficiently protect the rights and conditions of the workers, while Westkey Investments maintained that the agreement was fair and met all legislative requirements.

The legal issues before the Commission were whether the agreement provided for the fair and efficient determination of employees' terms and conditions of employment, whether it complied with the procedural requirements of the Fair Work Act, and whether it adequately protected the rights of employees. The Commission needed to determine if the agreement was genuinely negotiated, if it provided for a fair and efficient way to determine terms and conditions, and if it adhered to the procedural fairness standards set out in the Act. Additionally, the Commission had to consider whether the agreement met the public interest test, ensuring it did not undermine the protections provided by the National Employment Standards and the safety net of minimum entitlements.

The Commission found that the agreement was genuinely negotiated between the parties and met the requirements for approval. The agreement was deemed to provide for a fair and efficient way to determine the terms and conditions of employment. The Commission was satisfied that the agreement complied with the procedural fairness standards and did not undermine the protections provided by the National Employment Standards. Consequently, the Commission approved the agreement, finding that it met all necessary criteria and was in the public interest. This decision ensures that the workers involved in the modular housing project at Roy Hill have their employment conditions regulated by an agreement that is fair, efficient, and compliant with the Fair Work Act.

Westkey Investments Pty Ltd T/A Westkey Modular Housing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established