Austindo (WA) Pty Ltd

[2014] FWCA 7394

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Austindo (WA) Pty Ltd
(AG2014/7740)

AUSTINDO (WA) PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 OCTOBER 2014

Application for approval of the Austindo (WA) Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Austindo (WA) Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Austindo (WA) 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] 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] 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 21 October 2014 and, in accordance with s.54, will operate from 28 October 2014. The nominal expiry date of the Agreement is 21 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by Austindo (WA) Pty Ltd for the approval of the Roy Hill AWU Greenfields Agreement 2014. The agreement was intended to regulate the employment conditions of workers at the Roy Hill iron ore project in Western Australia. The matter was heard in the Fair Work Commission, an Australian federal workplace relations tribunal. The application was opposed by the Australian Workers' Union (AWU), which argued that the agreement did not meet the necessary standards for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement was genuinely bargained, provided for proper and fair terms and conditions, and whether it met the specific criteria outlined in the Fair Work Act. The Commission had to assess the negotiation process, the fairness of the terms and the compliance with the statutory requirements. The AWU's primary contention was that the agreement was not genuinely negotiated and did not provide adequate protections for the workers.

After examining the evidence and submissions from both parties, the Commission found that the agreement had been genuinely negotiated and met the statutory requirements for approval. The Commission determined that the terms and conditions of the agreement were fair and met the necessary standards for approval under the Fair Work Act. The Commission acknowledged the efforts made by Austindo to ensure genuine bargaining and the protections provided for the workers. The application was thus approved, and the Roy Hill AWU Greenfields Agreement 2014 was registered under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established