Zinfra Contracting Pty Ltd

[2014] FWCA 4254

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zinfra Contracting Pty Ltd
(AG2014/1549)

ZINFRA CONTRACTING PTY LTD - FMG SOLOMON PROJECT AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 1 JULY 2014

Application for approval of the Zinfra Contracting Pty Ltd - FMG Solomon Project AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Zinfra Contracting Pty Ltd - FMG Solomon Project AWU Greenfields Agreement 2014 (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 31 March 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Zinfra Contracting Pty Ltd applied for the approval of the Zinfra Contracting Pty Ltd - FMG Solomon Project AWU Greenfields Agreement 2014. The application was brought before the Fair Work Commission, where the Australian Workers Union (AWU) and FMG Solomon Project argued against the approval of the agreement. The central dispute revolved around the terms and conditions of the agreement, particularly concerning wage rates, penalty rates, and other employment conditions for workers employed by Zinfra Contracting.

The legal issues before the Commission included whether the agreement provided fair and reasonable terms and conditions for employees, and whether it complied with the relevant provisions of the Fair Work Act 2009. The AWU argued that the proposed agreement did not provide fair and reasonable terms, as it failed to adequately protect employee wages and conditions. FMG Solomon Project contended that the agreement was necessary to ensure the efficient operation of the project, and that it provided fair and reasonable terms for the employees.

The Commission considered the principles of good faith bargaining and the provisions of the Fair Work Act. It found that the agreement provided for fair and reasonable terms and conditions for employees, taking into account the unique circumstances of the project and the need for flexibility in the workforce. The Commission emphasised the importance of ensuring that the agreement provided for adequate wage rates, penalty rates, and other employment conditions that were in line with industry standards. Ultimately, the Commission approved the agreement, finding that it met the requirements of the Fair Work Act and provided fair and reasonable terms for employees.

The Commission's decision was based on a careful consideration of the evidence presented by the parties and a balanced assessment of the competing interests of the employer, employees, and the project. The Commission recognised the importance of ensuring that the agreement provided for fair and reasonable terms and conditions for employees, while also taking into account the need for flexibility and efficiency in the operation of the project. The approval of the agreement ensures that employees will receive fair and reasonable terms and conditions of employment, while also supporting the successful completion of the FMG Solomon Project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established