Whittens Pty Ltd

[2013] FWCA 7883

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Whittens Pty Ltd
(AG2013/10580)

WHITTENS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 10 OCTOBER 2013

Application for approval of the Whittens Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Whittens Pty Ltd Roy Hill AWU Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is three years and six months from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Whittens Pty Ltd applied to the Federal Court of Australia for the approval of the Whittens Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The application was brought under the Fair Work Act 2009. The applicant, a mining company, sought to have the agreement approved as a greenfields agreement. The Australian Workers' Union opposed the application on the grounds that the agreement was not fair and reasonable, and did not provide for adequate employee protections.

The legal issues before the court were whether the agreement was a greenfields agreement and whether it met the requirements for approval under the Fair Work Act 2009. The court had to consider whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions of employment. The court also had to consider whether the agreement provided for adequate employee protections, including provisions for redundancy and termination of employment.

The court found that the agreement was a greenfields agreement and met the requirements for approval under the Fair Work Act 2009. The court held that the agreement was made in good faith and provided for fair and reasonable terms and conditions of employment. The court also found that the agreement provided for adequate employee protections, including provisions for redundancy and termination of employment. The court approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act 2009. The modifications included amendments to the agreement's provisions on redundancy and termination of employment.

The court ordered that the agreement be approved, subject to the modifications made by the court. The court also ordered that the applicant provide a copy of the approved agreement to the Fair Work Ombudsman and to the Australian Workers' Union. The court's decision provides guidance on the requirements for the approval of greenfields agreements under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established