DECISION

Fair Work Act 2009
s.185—Enterprise agreement

David Booth & Sons Pty Ltd
(AG2014/10349)

DAVID BOOTH & SONS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT SMITH	MELBOURNE, 16 FEBRUARY 2015

Application for approval of the David Booth & Sons Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of a greenfields agreement known as the David Booth & Sons Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (Agreement). The application was made by David Booth & Sons Pty Ltdpursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union 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.

[3] An undertaking has been given in relation to clause 34 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2015. The nominal expiry date of the Agreement is 15 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

In the matter of David Booth & Sons Pty Ltd, the Fair Work Commission was asked to consider the application for approval of the David Booth & Sons Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The applicant, David Booth & Sons Pty Ltd, sought approval of the agreement under section 235 of the Fair Work Act 2009, with the Australian Workers' Union (AWU) being the relevant union for the agreement. The dispute centred around the terms and conditions of employment for the workers at the Roy Hill Greenfields site, including aspects such as wages, hours of work, and other employment-related matters.

The central legal issues before the court were whether the agreement met the criteria for approval under the Fair Work Act and whether it provided a safety net for the employees. The court had to determine if the agreement offered terms and conditions that were not less favourable than the applicable award or registered agreement, and if it included minimum entitlements that were not less favourable than those provided by the applicable award or registered agreement. Additionally, the court needed to assess whether the agreement allowed for a fair process for resolving disputes and whether it included adequate provisions for the protection of employees' rights.

In delivering its decision, the Fair Work Commission thoroughly examined the provisions of the agreement against the statutory requirements. The court found that the agreement provided terms and conditions that were not less favourable than those provided by the applicable award and registered agreements. It also noted that the agreement contained provisions that ensured employees would receive a fair process for resolving disputes and adequate protection of their rights. Consequently, the Commission approved the agreement, recognising it as meeting all necessary legal standards and providing a fair framework for the employment relationship at the Roy Hill Greenfields site.

The final orders of the Fair Work Commission included the approval of the David Booth & Sons Pty Ltd Roy Hill AWU Greenfields Agreement 2014, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to provide a copy of the approved agreement to the Commission within a specified timeframe. The approval ensured that the agreement would govern the employment terms and conditions of the workers at the Roy Hill Greenfields site, providing a legally recognised framework for their employment relationship.

David Booth & Sons Pty Ltd

DECISION

APPENDIX A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established