APS (WA) Pty Ltd Summary

[2014] FWCA 7307

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

APS (WA) Pty Ltd
(AG2014/1868)

APS (WA) PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 OCTOBER 2014

Application for approval of the APS (WA) Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the APS (WA) 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 APS (WA) 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 15 October 2014 and, in accordance with s.54, will operate from 22 October 2014. The nominal expiry date of the Agreement is 15 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved APS (WA) Pty Ltd and was heard in the Fair Work Commission. The dispute centred around the application for approval of the APS (WA) Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The applicant sought to have the agreement, which was intended to govern the employment terms and conditions for workers at the Roy Hill mine in Western Australia, recognised and approved by the Commission.

The key legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it provided for a fair and efficient workplace. The Commission had to consider whether the agreement was genuinely negotiated between the parties and whether it included the necessary provisions for the protection of employees, such as minimum rates of pay, hours of work, and provisions for dispute resolution.

The Commission found that the agreement was genuinely negotiated and contained all the necessary provisions for the protection of employees. It was noted that the agreement provided for a fair and efficient workplace by ensuring that employees were paid a fair wage and had reasonable working conditions. The Commission was satisfied that the agreement complied with the requirements of the Fair Work Act and approved it. The Commission also noted that the agreement included provisions for dispute resolution, which would allow for any issues that arose to be resolved in a timely and efficient manner.

The Fair Work Commission approved the APS (WA) Pty Ltd Roy Hill AWU Greenfields Agreement 2014, finding that it complied with the requirements of the Fair Work Act and provided for a fair and efficient workplace. The Commission was satisfied that the agreement was genuinely negotiated and contained all the necessary provisions for the protection of employees, including minimum rates of pay, hours of work, and provisions for dispute resolution.

APS (WA) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established