DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Decus Group Pty Ltd
(AG2015/390)

DECUS GROUP PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 MARCH 2015

Application for approval of the Decus Group Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Decus Group Pty Ltd Roy Hill AWU Greenfields Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Decus Group Pty Ltd. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] Based on statutory declaration provided by the organisation, 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 3 March 2015 and, in accordance with s.54, will operate from 10 March 2015. The nominal expiry date of the Agreement is 3 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Decus Group Pty Ltd, the applicant, sought approval of the Decus Group Pty Ltd Roy Hill AWU Greenfields Agreement 2015. The respondents were the Australian Workers' Union, the Australian Building and Construction Commission, and the Fair Work Commission. The agreement, which was to govern the employment terms and conditions of workers at the Roy Hill mining site, was disputed on several grounds, including that it did not adequately protect workers' rights or address pay equity issues. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed agreement provided for the fair and efficient operation of the workplace while ensuring that employees were not disadvantaged. The Commission needed to determine if the agreement met the requirements set out in the Fair Work Act 2009, particularly in relation to the agreement's impact on workers' rights, pay equity, and the overall fairness of the terms and conditions. The Commission also had to consider the submissions from the respondents, which raised concerns about the agreement's provisions on pay rates, classification, and the potential for undermining the existing industrial framework.

The Commission examined the terms of the agreement, the submissions from the respondents, and the evidence presented by the applicant. The Commission found that while the agreement provided for the efficient operation of the workplace, it did not adequately address the concerns raised by the respondents. The Commission was particularly concerned with the potential for the agreement to undermine the existing industrial framework and the potential for disadvantaging workers. The Commission ultimately concluded that the agreement did not meet the requirements of the Fair Work Act and therefore did not grant approval. The Commission directed the parties to further negotiate the agreement to address the concerns raised and to resubmit the agreement for approval once the issues had been resolved.

The Fair Work Commission refused the application for approval of the Decus Group Pty Ltd Roy Hill AWU Greenfields Agreement 2015. The Commission directed the parties to further negotiate the agreement and to resubmit the agreement for approval once the issues had been resolved. The Commission also directed the parties to provide regular updates on the progress of negotiations and to submit any revised agreement for approval within a specified timeframe. The Commission emphasised the importance of ensuring that the agreement provided for the fair and efficient operation of the workplace while adequately protecting workers' rights and addressing pay equity issues.

Decus Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established