DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Auldec Solutions Pty Ltd
(AG2015/2579)

AULDEC SOLUTIONS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 8 MAY 2015

Application for approval of the Auldec Solutions Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Auldec Solutions 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 Auldec Solutions 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 8 May 2015 and, in accordance with s.54, will operate from 15 May 2015. The nominal expiry date of the Agreement is 8 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the case of Auldec Solutions Pty Ltd involved the company seeking approval for the Roy Hill AWU Greenfields Agreement 2015. The applicant argued that the agreement was necessary to establish the terms and conditions for employees working at the Roy Hill mine, which was a significant mining project in Western Australia. The Australian Workers' Union (AWU) represented the interests of the employees.

The primary legal issue before the commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly with respect to its coverage, the process by which it was negotiated, and whether it provided fair and reasonable terms for the employees. The commission also had to consider if the agreement complied with the procedural fairness and good faith bargaining principles.

The commission determined that the agreement was comprehensive and included provisions for various employment aspects, such as wages, hours of work, leave entitlements, and other working conditions. The commission found that the agreement was the product of genuine negotiations between the parties and was not imposed unilaterally. It was also noted that the agreement provided for fair and reasonable terms, taking into account the specific circumstances of the mining industry and the parties' respective positions. The commission concluded that the agreement met the requirements of the Fair Work Act and approved it.

The Fair Work Commission granted the approval for the Roy Hill AWU Greenfields Agreement 2015, confirming its compliance with the relevant legislation and its suitability for the employees working at the Roy Hill mine. This decision ensures that the agreement will govern the employment terms and conditions for the workers involved in the project.

Auldec Solutions 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