DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AML Equipment Pty Ltd
(AG2015/699)

AML EQUIPMENT 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 AML Equipment Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the AML Equipment 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 AML Equipment 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

The case involved an application by AML Equipment Pty Ltd to the Fair Work Commission for approval of the AML Equipment Pty Ltd Roy Hill AWU Greenfields Agreement 2015. The dispute was between AML Equipment, an employer, and the Australian Workers' Union (AWU), a trade union representing the employees. The matter was brought before the Fair Work Commission, which is Australia's independent national workplace relations tribunal.

The primary legal issues addressed by the court were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether it provided fair and reasonable terms and conditions for the employees. The court needed to determine if the agreement was a "single interest employer agreement" and if it complied with the "better off overall test" (BOOT), ensuring employees were not worse off than under the applicable award or other agreement.

The Fair Work Commission found that the agreement was a genuine single interest employer agreement as it covered employees engaged by AML Equipment Pty Ltd at the Roy Hill Greenfields project. The court concluded that the agreement met the requirements of the Fair Work Act and provided employees with terms and conditions that were at least as good as those under the relevant award. The agreement was deemed to be better off overall for the employees, as it included provisions for higher pay rates, improved leave entitlements, and better overall working conditions.

As a result, the Fair Work Commission approved the AML Equipment Pty Ltd Roy Hill AWU Greenfields Agreement 2015, effective from 1 July 2015. The decision affirmed the agreement's validity and ensured that the employees would benefit from the improved terms and conditions outlined in the agreement.

AML Equipment Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established