BHP Billiton WAIO Pty Ltd

[2013] FWCA 7929

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BHP Billiton WAIO Pty Ltd
(AG2013/10605)

WHALEBACK FLY-IN FLY-OUT AGREEMENT 2013

Mining industry
COMMISSIONER WILLIAMS	PERTH, 10 OCTOBER 2013

Application for approval of the Whaleback Fly-In Fly-Out Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Whaleback Fly-In Fly-Out Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BHP Billiton WAIO Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement does not contain a flexibility term. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2013. The nominal expiry date of the Agreement is 10 October 2017.

COMMISSIONER

1 Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, the matter of BHP Billiton WAIO Pty Ltd involved an application for the approval of the Whaleback Fly-In Fly-Out Agreement 2013. The applicant sought the court's endorsement of the agreement, which aimed to regulate the terms and conditions of employment for workers in the fly-in fly-out mining industry. The dispute centred on whether the agreement provided fair and reasonable terms for the workers involved.

The court was required to determine if the agreement complied with the provisions of the Fair Work Act 2009 and if it adequately covered the essential terms of employment as outlined in the Act. A key issue was whether the agreement ensured that the workers' rights and obligations were clearly defined and protected, and whether the agreement offered fair and reasonable terms for the employees in light of the industry's unique operational demands.

The court examined the agreement's provisions and found that it did indeed comply with the requirements of the Fair Work Act 2009. The court considered that the agreement provided clear and comprehensive terms that addressed the essential matters of employment, including hours of work, rates of pay, and other conditions. The court also noted that the agreement took into account the specific nature of the fly-in fly-out mining industry, ensuring that the terms were fair and reasonable for the workers involved. As a result, the court approved the Whaleback Fly-In Fly-Out Agreement 2013.

In approving the agreement, the court issued an order that the Whaleback Fly-In Fly-Out Agreement 2013 was deemed to be a certified agreement under section 233 of the Fair Work Act 2009, effective from the date of the order. This meant that the agreement would apply to the workers covered by it, and the terms and conditions outlined within would govern their employment. The decision ensured that the workers' rights and obligations were adequately protected and regulated within the unique context of the fly-in fly-out mining industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established