Avopiling Management (WA) Pty Ltd

[2013] FWCA 6888

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Avopiling Management (WA) Pty Ltd
(AG2013/2743)

AVOPILING MANAGEMENT (WA) PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 18 SEPTEMBER 2013

Application for approval of the Avopiling Management (WA) Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

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

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172 (2) (b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] 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.

[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 three years and six months from the date of operation.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Avopiling Management (WA) Pty Ltd, the Fair Work Commission was asked to approve a proposed agreement between the employer and its employees represented by the Australian Workers' Union. The agreement, known as the Roy Hill AWU Greenfields Agreement 2013, sought to set the terms and conditions of employment for workers at the Roy Hill mine in Western Australia. The Commission's task was to determine whether the agreement complied with the Fair Work Act 2009 and met the criteria for approval under the legislation.

The legal issues before the Commission included whether the agreement provided for a fair and efficient workplace, whether it adequately protected employees' rights and interests, and whether it complied with the procedural requirements of the Act. The Commission also had to consider whether the agreement was consistent with the principles of enterprise bargaining and whether it promoted harmonious, productive, and cooperative workplace relations.

The Fair Work Commission determined that the agreement was fair and efficient, providing for a balance between the interests of the employer and employees. It found that the agreement adequately protected employees' rights and interests, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission also concluded that the agreement complied with the procedural requirements of the Act, including the requirement for genuine bargaining. Furthermore, the Commission found that the agreement was consistent with the principles of enterprise bargaining and promoted harmonious, productive, and cooperative workplace relations.

The Fair Work Commission approved the Roy Hill AWU Greenfields Agreement 2013, subject to certain modifications to ensure compliance with the Act. The modifications included changes to the agreement's provisions on shift work and overtime to ensure that they met the minimum standards set out in the National Employment Standards. The Commission also required the employer to provide additional training and support to employees to ensure their health and safety in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established