All Earth Group Pty Ltd

[2014] FWCA 6621

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

All Earth Group Pty Ltd
(AG2014/7523)

ALL EARTH GROUP PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 SEPTEMBER 2014

Application for approval of the All Earth Group Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the All Earth Group 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 All Earth Group 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 24 September 2014 and, in accordance with s.54, will operate from 1 October 2014. The nominal expiry date of the Agreement is 24 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

All Earth Group Pty Ltd, an applicant, sought approval of the All Earth Group Pty Ltd Roy Hill AWU Greenfields Agreement 2014, from the Fair Work Commission. The agreement in question sought to establish the terms and conditions of employment for workers at the Roy Hill mine in Western Australia. The dispute centred on the scope of the agreement and whether it complied with relevant industrial laws and regulations.

The primary legal issue before the commission was whether the proposed agreement complied with the Fair Work Act 2009 and whether it was in the best interests of the employees. The commission had to consider the balance of rights and obligations under the act and ensure that the agreement did not undermine the rights of employees. Another significant aspect was determining whether the agreement provided fair and reasonable terms for the workers, including wages, hours of work, and other employment conditions.

The commission found that the agreement did comply with the Fair Work Act 2009 and was in the best interests of the employees. It concluded that the agreement provided fair and reasonable terms for the workers and did not undermine their rights. The commission considered various factors, including the nature of the work, the bargaining power of the parties, and the terms and conditions of the agreement. The commission was satisfied that the agreement provided for adequate protections for the employees and did not result in any significant detriment to them. Consequently, the commission approved the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established