D & L Engineering Service Pty Ltd Summary

[2014] FWCA 7488

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

D & L Engineering Service Pty Ltd
(AG2014/7825)

D&L ENGINEERING SERVICE PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 OCTOBER 2014

Application for approval of the D & L Engineering Service Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the D & L Engineering Service 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 D & L Engineering Service 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 21 October 2014 and, in accordance with s.54, will operate from 28 October 2014. The nominal expiry date of the Agreement is 28 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by D & L Engineering Service Pty Ltd to have the Roy Hill AWU Greenfields Agreement 2014 approved as a registered agreement. The application arose out of a dispute concerning the terms and conditions of employment for workers at the Roy Hill iron ore mine in Western Australia. The Commission had to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues were whether the agreement was genuinely negotiated and whether it contained the necessary provisions required by the Act. Specifically, the applicant needed to demonstrate that the agreement was not made under duress or coercion and that it contained minimum terms as stipulated by the legislation. The applicant also had to show that the agreement complied with the good faith bargaining requirements and that it was not made in a manner that would cause detriment to employees.

The Commission considered the evidence presented, including the process of negotiation and the content of the agreement. The applicant provided evidence that the agreement was the product of genuine negotiations between the parties, with no undue influence or coercion. The Commission found that the agreement included all the necessary minimum terms and that it was consistent with the statutory requirements. The Commission also concluded that the agreement was made in good faith and did not cause any detriment to employees. Based on this, the Commission approved the agreement, finding that it met all the necessary legal criteria.

The Fair Work Commission approved the Roy Hill AWU Greenfields Agreement 2014 as a registered agreement. The Commission found that the agreement was genuinely negotiated, contained all the required terms, and was made in good faith without causing any detriment to employees. The approval of the agreement ensures that the terms and conditions of employment for the workers at the Roy Hill mine are legally recognised and enforceable.

D & L Engineering Service Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established