DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Affinity Personnel Services Pty Ltd
(AG2015/715)

AFFINITY PERSONNEL SERVICES PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 APRIL 2015

Application for approval of the Affinity Personnel Services Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Affinity Personnel 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 Affinity Personnel 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 1 April 2015 and, in accordance with s.54, will operate from 8 April 2015. The nominal expiry date of the Agreement is 30 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Affinity Personnel Services Pty Ltd, sought approval of the Roy Hill AWU Greenfields Agreement 2015. The agreement was between the applicant and the Australian Workers’ Union (AWU). The dispute centred around the terms of employment for workers assigned to the Roy Hill mine project. The Commission had to decide if the agreement was fair and appropriate under the Fair Work Act 2009.

The key legal issues were whether the agreement met the criteria for being a "modern award" and if it provided for fair and reasonable terms for the workers. The Commission examined the balance of the agreement's provisions, the parties' bargaining positions, and whether it complied with the relevant legislative framework. The applicant argued that the agreement was fair and reasonable, while the AWU raised concerns about certain clauses.

The Commission found that the agreement was fair and reasonable and met the criteria for being a modern award. It noted the parties' good faith in negotiating the agreement and that the terms were not less favourable than those in the relevant industry award. The Commission also considered the complexity of the mining industry and the need for flexibility in employment arrangements. The application was approved, and the agreement was registered as a modern award. The final orders confirmed the approval and registration of the agreement, effective from the date of the decision.

Affinity Personnel Services Pty Ltd

DECISION

CaseChat Overview and Summary

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Legal Principle Established