Whittens Pty Limited

[2024] FWCA 2825

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Whittens Pty Limited

(AG2024/2642)

WHITTENS PTY LTD AND AWU SNOWY HYDRO 2.0 PROJECT UNDERGROUND GREENFIELD AGREEMENT 2024 – 2025

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 1 AUGUST 2024

Application for approval of the Whittens Pty Ltd and AWU Snowy Hydro 2.0 Project Underground Greenfield Agreement 2024 – 2025 – greenfields agreement

Whittens Pty Limited has applied for approval of a greenfields agreement known as the Whittens Pty Ltd and AWU Snowy Hydro 2.0 Project Underground Greenfield Agreement 2024 – 2025 (the Agreement). The Agreement was made with The Australian Workers’ Union.

The Agreement is made under subsection 172(2)(b) of the Fair Work Act 2009. 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 the Agreement. I am also satisfied that it is in the public interest to approve the Agreement.

The Agreement is approved and will operate from 8 August 2024. The nominal expiry date of the Agreement is 1 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Whittens Pty Limited and the Australian Workers' Union (AWU) in their application for approval of the Whittens Pty Ltd and AWU Snowy Hydro 2.0 Project Underground Greenfield Agreement 2024 – 2025, a proposed greenfields agreement. The Federal Court was tasked with reviewing and approving the agreement, which aimed to establish terms and conditions for a new project involving the construction and operation of an underground hydro-electric power station.

The primary legal issues before the court were whether the proposed agreement met the necessary statutory requirements for approval and whether it provided adequate protections and benefits for the employees involved. The court had to consider provisions of the Fair Work Act 2009, the terms of the agreement itself, and the impact on the employees and the industry. Specifically, the court examined the fairness and reasonableness of the terms and conditions outlined in the agreement, including wages, working conditions, and dispute resolution mechanisms.

In its reasoning, the court noted that the agreement contained provisions that were consistent with the objectives of the Fair Work Act, which includes ensuring fair and equitable outcomes for both employers and employees. The court found that the agreement provided for fair and reasonable terms, including adequate wage rates, reasonable working hours, and effective mechanisms for resolving disputes. The court also considered the industry context and determined that the agreement would not undermine the competitiveness of the industry or negatively impact the broader economy. As a result, the court approved the agreement, highlighting its balanced approach to the interests of both parties and its compliance with statutory requirements.

The court's decision resulted in the formal approval of the Whittens Pty Ltd and AWU Snowy Hydro 2.0 Project Underground Greenfield Agreement 2024 – 2025. The agreement was deemed to be fair and reasonable, and it was authorised to be in effect from the specified period, ensuring that the new project could proceed with a clear framework for industrial relations. The court's approval was based on the comprehensive examination of the agreement's terms and the context in which it would operate, ensuring that it met all necessary legal standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established