CQ Group Australia Pty Ltd

[2014] FWCA 1471

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CQ Group Australia Pty Ltd
(AG2013/12161)

CQ GROUP AUSTRALIA PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 MARCH 2014

Application for approval of the CQ Group Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

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

[4] The Agreement was approved on 3 March 2014 and, in accordance with s.54, will operate from 10 March 2014. The nominal expiry date of the Agreement is 3 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, CQ Group Australia Pty Ltd, sought approval of the CQ Group Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2013, from the Fair Work Commission. The applicant and the Australian Workers' Union, the respondent, had reached an agreement in relation to the employment of workers at the Roy Hill Iron Ore Mine in Western Australia. The applicant argued that the agreement was in the best interests of the employees and the business. The respondent contended that the agreement was not in the best interests of the employees, particularly in relation to the pay rates for casual employees.

The central legal issue before the Commission was whether the agreement was in the best interests of the employees. The Commission had to consider the effect of the agreement on the employees' pay and conditions, the economic viability of the applicant's business, and whether the agreement was fair and reasonable in all the circumstances. The Commission also had to consider whether the agreement provided for the employees' reasonable needs and whether it was consistent with the principles of the Fair Work Act 2009.

The Commission found that the agreement was in the best interests of the employees. The Commission noted that the agreement provided for significant improvements in pay and conditions for the employees, particularly in relation to shift differentials and penalty rates. The Commission also found that the agreement was consistent with the principles of the Fair Work Act, and that it provided for the employees' reasonable needs. The Commission was satisfied that the agreement was fair and reasonable in all the circumstances, and that it was in the best interests of the employees. The Commission approved the agreement, subject to certain conditions.

The Fair Work Commission approved the CQ Group Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2013, subject to certain conditions. The Commission found that the agreement was in the best interests of the employees, and that it provided for their reasonable needs. The Commission also found that the agreement was consistent with the principles of the Fair Work Act, and that it was fair and reasonable in all the circumstances. The approval is subject to the parties complying with certain conditions, including the provision of notice to the Commission of any changes to the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established