DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ALL TUBE PTY LTD T/A HYTUBE
(AG2015/1472)

ALL TUBE PTY LTD T/A HYTUBE ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	HOBART, 22 JUNE 2015

Application for approval of the All Tube Pty Ltd t/a HYTUBE Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of a greenfields agreement known as the All Tube Pty Ltd t/a HYTUBE Roy Hill AWU Greenfields Agreement 2015 (Agreement). The application was made by All Tube Pty Ltd T/A HYTUBE pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union are 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.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[4] 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.

[5] The Agreement was approved on 22 June 2015 and, in accordance with s.54 of the Act, will operate from 29 June 2015. The nominal expiry date of the Agreement is 21 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved All Tube Pty Ltd, trading as HYTUBE, which sought approval of the Roy Hill AWU Greenfields Agreement 2015. The application was before the Fair Work Commission, a tribunal established under the Fair Work Act 2009. The agreement in question was proposed between All Tube and the Australian Workers’ Union, concerning the terms and conditions of employment for workers at the Roy Hill mining site. The central issue before the Commission was whether the proposed agreement met the criteria for registration under the Fair Work Act, specifically whether it facilitated, promoted, or improved the terms and conditions of employment.

The legal issues revolved around the interpretation of the Fair Work Act provisions that govern the registration of enterprise agreements. Key among these was section 230, which requires that an agreement must be a genuine agreement between employers and employees. Additionally, section 177 required the Commission to consider whether the agreement facilitated, promoted, or improved the terms and conditions of employment. The Commission also had to ensure that the agreement did not discriminate against any group of employees and that it complied with the process requirements outlined in the Act.

In deliberating the application, the Commission examined the submissions from both parties and the evidence presented. It found that the agreement contained provisions that genuinely reflected the bargaining positions of both All Tube and the AWU. The terms of the agreement were detailed and comprehensive, covering various aspects of employment including wages, working hours, and dispute resolution mechanisms. The Commission concluded that the agreement facilitated, promoted, or improved the terms and conditions of employment, as it provided for fair and reasonable terms in light of the specific circumstances of the Roy Hill mining site. Therefore, the application for approval was successful.

The Fair Work Commission approved the Roy Hill AWU Greenfields Agreement 2015, registering it under the Fair Work Act. The decision was made on the basis that the agreement met the statutory requirements and was a genuine enterprise agreement that improved the terms and conditions of employment for the workers involved.

ALL TUBE PTY LTD T/A HYTUBE

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established