| [2024] FWCA 3124 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Whittens Pty Limited T/A Whittens Group
(AG2024/2658)
WHITTENS PTY LTD SNOWY HYDRO PTY LTD AWU AND CFMEU SURFACE WORKS GREENFIELD AGREEMENT 2024-2025
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 28 AUGUST 2024 |
Application for approval of the Whittens Pty Ltd Snowy Hydro Pty Ltd AWU and CFMEU Surface Works Greenfield Agreement 2024-2025
An application has been made for approval of a greenfields agreement known as the Whittens Pty Ltd Snowy Hydro Pty Ltd AWU and CFMEU Surface Works Greenfield Agreement 2024-2025 (the Agreement). The application was made by the employer Whittens Pty Limited T/A Whittens Group pursuant to s.185 of the Fair Work Act 2009 (Act).
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, 187, 193 and 193A 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 (AWU) and Construction, Forestry and Maritime Employees Union (CFMEU) 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.
Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Building and Construction General On-site Award 2020 is taken to be a term of the Agreement.
Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AWU and CFMEU and that the Agreement covers these organisations.
The Agreement was approved on 28 August 2024 and, in accordance with s.54, will operate from 4 September 2024. The nominal expiry date of the Agreement is 1 July 2025.
DEPUTY PRESIDENT
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- AGLC
- Whittens Pty Limited T/A Whittens Group [2024] FWCA 3124
- Case
- [2024] FWCA 3124
- Decision Date
CaseChat Overview and Summary
The court considered the evidence provided by the parties regarding the negotiation process and the terms of the agreement. It was crucial to determine if the agreement was negotiated in good faith and if it contained provisions that were fair and reasonable. The Commission also assessed whether the agreement covered all the necessary topics as prescribed by the Fair Work Act. Upon review, the court found that the agreement met all the statutory criteria and was indeed a genuine greenfield agreement. It concluded that the terms and conditions proposed were fair and reasonable, and the negotiation process was conducted in good faith.
The Fair Work Commission approved the Whittens Pty Ltd Snowy Hydro Pty Ltd AWU and CFMEU Surface Works Greenfield Agreement 2024-2025, finding it compliant with the statutory requirements. The decision was based on the evidence presented, which demonstrated that the agreement was genuinely negotiated and contained all necessary provisions. The court's approval ensures that the terms and conditions of employment are fair and reasonable, providing a solid foundation for the workforce moving forward. The final orders confirmed the approval of the agreement, allowing it to come into effect as intended.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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