Beanje Pty Ltd

[2013] FWCA 8229

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Beanje Pty Ltd
(AG2013/9715)

DIRTSCOPE ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 22 OCTOBER 2013

Application for approval of the Dirtscope Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Dirtscope 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 and a half years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Beanje Pty Ltd involved an application by Beanje for the approval of the Dirtscope Roy Hill AWU Greenfields Agreement 2013. This agreement was aimed at establishing terms and conditions of employment for workers at the Roy Hill mine. The application was heard in the Fair Work Commission, which has the authority to approve such agreements under the Fair Work Act 2009. The Australian Workers' Union (AWU) and Dirtscope Pty Ltd were also parties to the application.

The central legal issue before the Commission was whether the agreement met the criteria for approval as stipulated in the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, and whether it had been genuinely negotiated. Additionally, the Commission examined if the agreement adequately protected the interests of the employees and complied with the procedural requirements of the Act.

In assessing the agreement, the Commission considered various factors including the negotiation process, the content of the agreement, and its implications for the employees. The Commission found that the agreement was genuinely negotiated and that it provided for fair and reasonable terms and conditions. The agreement also contained provisions that adequately protected the employees' interests. Consequently, the Commission approved the agreement, recognising it as a lawful and fair arrangement for the workers at the Roy Hill mine.

The Commission's decision resulted in the formal approval of the Dirtscope Roy Hill AWU Greenfields Agreement 2013. This approval allowed the agreement to come into effect, governing the terms and conditions of employment for the workers involved. The decision underscored the importance of ensuring that agreements are fair, genuinely negotiated, and protective of employees' interests.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established