Assess Orr Pty Ltd Summary

[2013] FWCA 28

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Assess Orr Pty Ltd
(AG2012/13090)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 4 JANUARY 2013

Application for approval of the Assess Orr Pty Ltd BHPB Iron Ore Growth Projects Stage 1 CFMEU 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 CFMEU 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

Assess Orr Pty Ltd sought approval of a new enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for its Iron Ore Growth Projects Stage 1, referred to as the BHPB Iron Ore Growth Projects Stage 1 CFMEU Greenfields Agreement. The application was heard by the Fair Work Commission.

The key legal issues before the Commission involved whether the proposed agreement complied with the Fair Work Act 2009 and whether it had been made in good faith. This included whether the agreement provided for proper terms and conditions of employment, including minimum rates of pay, hours of work, and other employment terms that met the statutory requirements.

In its decision, the Commission reviewed the terms of the proposed agreement and found it to be fair and reasonable. The Commission considered the agreement met the necessary criteria under the Act, including that it was made in good faith and that the parties had engaged in genuine bargaining. The Commission also found that the agreement provided for appropriate terms and conditions of employment, including fair compensation for the employees involved. Consequently, the Commission approved the BHPB Iron Ore Growth Projects Stage 1 CFMEU Greenfields Agreement.

The Commission ordered that the agreement be approved as a registered agreement under the Fair Work Act 2009. This approval ensures that the agreement will provide a lawful and binding framework for the employment relationship between Assess Orr Pty Ltd and the CFMEU members involved in the Iron Ore Growth Projects Stage 1.

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