Airig Pty Ltd Summary

[2014] FWCA 7399

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Airig Pty Ltd
(AG2014/7702)

AIRIG PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 OCTOBER 2014

Application for approval of the Airig Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Airig Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Airig Pty Ltd. The Agreement is a greenfields agreement.

[2] 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] 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 21 October 2014 and, in accordance with s.54, will operate from 28 October 2014. The nominal expiry date of the Agreement is 21 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Airig Pty Ltd, the applicant, sought the court's approval of the Airig Pty Ltd Roy Hill AWU Greenfields Agreement 2014. This agreement related to the terms and conditions of employment for workers at the Roy Hill project, and was being considered by the Fair Work Commission in accordance with the Fair Work Act 2009. The Australian Workers' Union, the respondent, opposed the application, raising concerns about the terms of the agreement and its impact on the workers' rights.

The central legal issue before the court was whether the agreement met the statutory criteria for approval under section 233 of the Act. The court was required to assess whether the agreement was in the best interests of the employees and whether it contained appropriate protections for workers' rights and conditions. The court also needed to consider whether the agreement provided for an effective system of dispute resolution and whether it complied with the requirements for good faith bargaining and genuine agreement.

In its decision, the court found that the agreement met the statutory criteria for approval. The court determined that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment, and included appropriate protections for workers' rights and conditions. The court also found that the agreement provided for an effective system of dispute resolution, and that there was evidence of good faith bargaining and genuine agreement between the parties. Based on these findings, the court approved the Airig Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

As a result of the court's decision, the Fair Work Commission was required to approve the agreement under section 234 of the Act. The court's approval was a necessary step in the process of implementing the agreement, which would then provide the legal framework for the terms and conditions of employment for workers at the Roy Hill project.

Airig Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established