Assess Orr Pty Ltd Summary

[2013] FWCA 1192

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Assess Orr Pty Ltd
(AG2013/143)

ASSESS ORR PTY LTD BHPB IRON ORE GROWTH PROJECTS STAGE 1 AMWU GREENFIELDS AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 26 FEBRUARY 2013

Application for approval of the Assess Orr Pty Ltd BHPB Iron Ore Growth Projects Stage 1 AMWU Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Assess Orr Pty Ltd BHPB Iron Ore Growth Projects Stage 1 AMWU Greenfields Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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] As the Agreement does not include a consultation term, the model consultation term is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 13 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute between Assess Orr Pty Ltd and the Australian Manufacturing Workers' Union (AMWU). Assess Orr Pty Ltd sought approval for the BHPB Iron Ore Growth Projects Stage 1 AMWU Greenfields Agreement, which was intended to govern the employment terms for workers in the proposed iron ore growth projects. The Commission was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009, particularly in relation to the provisions governing the approval of enterprise agreements.

The central legal issue the Commission had to resolve was whether the proposed agreement satisfied the criteria for being a "better off overall test" (BOOT) agreement. This meant assessing if the agreement provided employees with a balance of benefits that was, on the whole, better than their previous conditions of employment. Additionally, the Commission needed to confirm that the agreement was made in good faith and that it adhered to all the procedural requirements outlined in the Act.

The Commission concluded that the Assess Orr Pty Ltd BHPB Iron Ore Growth Projects Stage 1 AMWU Greenfields Agreement met the necessary criteria. It found that the agreement provided employees with a comprehensive package of benefits, including improved wages, working conditions, and other employment terms, which were considered better than their existing conditions. The Commission also determined that the agreement was made in good faith and that all procedural requirements had been properly followed. As a result, the Commission approved the agreement, recognising it as a lawful and fair enterprise agreement.

The Fair Work Commission approved the Assess Orr Pty Ltd BHPB Iron Ore Growth Projects Stage 1 AMWU Greenfields Agreement, certifying it as a valid enterprise agreement under the Fair Work Act 2009. The approval was based on the finding that the agreement satisfied the BOOT requirement, was made in good faith, and complied with all necessary procedural requirements. This decision allowed the agreement to come into effect, governing the employment terms for workers involved in the BHPB Iron Ore Growth Projects Stage 1 AMWU Greenfields Agreement.

Assess Orr Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established