DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yawuru IT Services Pty Ltd
(AG2015/198)

YAWURU IT SERVICES PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 FEBRUARY 2015

Application for approval of the Yawuru IT Services Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Yawuru IT Services 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 Yawuru IT Services Pty Ltd. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[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] Based on statutory declaration provided by the organisation, I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, 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.

[5] The Agreement was approved on 13 February 2015 and, in accordance with s.54, will operate from 20 February 2015. The nominal expiry date of the Agreement is 12 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Yawuru IT Services Pty Ltd, applied to the Fair Work Commission for approval of the Yawuru IT Services Pty Ltd Roy Hill AWU Greenfields Agreement 2015. The application was made under section 236 of the Fair Work Act 2009. The applicant argued that the agreement provided for fair and reasonable terms and conditions of employment for its employees. The dispute involved the terms and conditions of employment of the applicant's employees and whether the agreement met the requirements of the Fair Work Act.

The legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment for the applicant's employees and whether the agreement met the requirements of the Fair Work Act. The Commission considered the terms of the agreement and the submissions of the parties. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment for the applicant's employees and that it met the requirements of the Fair Work Act.

The Commission approved the agreement, subject to certain modifications. The modifications related to the provisions of the agreement concerning the payment of overtime and the calculation of penalty rates. The Commission found that the original provisions of the agreement did not comply with the Fair Work Act and that the modifications were necessary to ensure that the agreement complied with the Act. The modifications were made by the parties and the agreement was approved by the Commission. The Commission's decision was based on a careful consideration of the terms of the agreement and the submissions of the parties. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment for the applicant's employees and that it met the requirements of the Fair Work Act, subject to the modifications that were made.

Yawuru IT Services Pty Ltd

DECISION

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Background to the litigation

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Legal Principle Established