Aussie Surveying Pty Ltd Summary

[2014] FWCA 130

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aussie Surveying Pty Ltd
(AG2013/10259)

AUSSIE SURVEYING PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 JANUARY 2014

Application for approval of the Aussie Surveying Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Aussie Surveying Pty Ltd Roy Hill AWU Greenfields Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Aussie Surveying 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] 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.

[4] The Agreement was approved on 7 January 2014 and, in accordance with s.54, will operate from 14 January 2014. The nominal expiry date of the Agreement is 7 July 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Aussie Surveying Pty Ltd involved the applicant, seeking approval of the Roy Hill AWU Greenfields Agreement 2013. The applicant, a surveying firm, entered into this agreement with the Australian Workers' Union (AWU) concerning the terms and conditions of employment for workers at the Roy Hill iron ore mine. The dispute was heard by the Fair Work Commission, a statutory tribunal responsible for regulating workplace relations in Australia.

The central legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the public interest, complied with the relevant laws, and provided fair and reasonable terms for the employees. The Commission also needed to consider the fairness of the agreement's provisions concerning the classification and remuneration of employees, as well as the procedures for resolving disputes.

In reaching its decision, the Commission examined the submissions and evidence presented by both parties. The Commission found that the agreement did meet the criteria for approval. It was in the public interest as it provided a stable and predictable framework for employment at the Roy Hill mine. The agreement also complied with relevant legislation and offered fair and reasonable terms for employees. The Commission noted that the agreement provided adequate protections for workers and allowed for effective dispute resolution mechanisms. Consequently, the Commission approved the agreement, recognising its benefits for both the employer and employees.

As a result of the Commission's decision, the Roy Hill AWU Greenfields Agreement 2013 was approved, and it will govern the employment conditions for workers at the Roy Hill mine. The approval signifies the Commission's endorsement of the agreement as a fair and reasonable framework for workplace relations in this particular industry and location.

Aussie Surveying Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established