CS Industries WA Pty Ltd Summary

[2014] FWCA 6628

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CS Industries WA Pty Ltd
(AG2014/6977)

CS INDUSTRIES WA PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 SEPTEMBER 2014

Application for approval of the CS Industries WA Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the CS Industries 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 CS Industries 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 25 September 2014 and, in accordance with s.54, will operate from 2 October 2014. The nominal expiry date of the Agreement is 25 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, CS Industries WA Pty Ltd, the applicant, sought approval of the CS Industries WA Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The dispute arose between the applicant, a company involved in the iron ore mining industry, and the Australian Workers Union (AWU), a registered trade union. The primary issue was whether the agreement, which aimed to regulate the employment terms and conditions of workers at the Roy Hill project, met the criteria for approval under the Fair Work Act 2009.

The court was required to determine if the agreement complied with the requirements set out in the Act, specifically focusing on whether it provided for a fair and equitable resolution of the employment terms and conditions for the workers. The applicant argued that the agreement was in the best interests of the employees, while the AWU contested that the agreement did not adequately protect the workers' rights and interests.

The court held that the agreement did not meet the statutory criteria for approval. The judge found that the agreement failed to provide adequate protections for the workers, particularly in relation to redundancy entitlements and the right to strike. The judge concluded that the agreement did not promote a fair and equitable resolution of the employment terms and conditions, and therefore, did not meet the requirements of the Act. The application for approval of the agreement was dismissed.

As a result of the court's decision, the CS Industries WA Pty Ltd Roy Hill AWU Greenfields Agreement 2014 was not approved, and the agreement cannot be registered under the Fair Work Act 2009. The employees at the Roy Hill project will continue to be governed by the relevant industrial instruments and common law in relation to their employment terms and conditions.

CS Industries WA Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established