DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Austdac Pty Ltd
(AG2015/1274)

AUSTDAC PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 1 JUNE 2015

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

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Austdac Pty Ltd and the Australian Workers' Union. The company sought approval for the Roy Hill AWU Greenfields Agreement 2015. The core of the dispute lay in whether the agreement met the necessary legal standards and adhered to the provisions of the Fair Work Act 2009. The application was brought to the Fair Work Commission, which had the authority to assess and approve such agreements under the Act.

The legal issues at the heart of this case included the adequacy of the agreement in terms of its compliance with the Fair Work Act. The Commission had to determine whether the agreement appropriately balanced the rights and obligations of both parties and if it adhered to the principles of good faith bargaining. The Commission also had to consider whether the agreement provided fair terms and conditions for the employees, including wages, hours of work, and other employment conditions.

In its decision, the Commission found that the Roy Hill AWU Greenfields Agreement 2015 was generally compliant with the Fair Work Act. The agreement was deemed to have been made in good faith and to provide fair terms and conditions for the employees. The Commission emphasised that the agreement included provisions that were reflective of the principles of the Act and that it had been negotiated in a manner consistent with the requirements of the law. As such, the Commission approved the agreement, recognising its alignment with the statutory framework and its potential to facilitate harmonious industrial relations.

The Fair Work Commission, having found the agreement to be compliant, approved the Roy Hill AWU Greenfields Agreement 2015. The decision was made on the basis that the agreement met the necessary legal standards and provided fair terms and conditions for the employees. This approval signified that the agreement could be implemented and enforced, ensuring that both parties could proceed with their industrial activities under the terms of the approved agreement.

Austdac 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