DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Desk Group Pty Ltd T/A Desk Resources
(AG2015/2815)

DESK RESOURCES ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 MAY 2015

Application for approval of the Desk Resources Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Desk Resources 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 Desk Group Pty Ltd T/A Desk Resources. 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 28 May 2015 and, in accordance with s.54, will operate from 4 June 2015. The nominal expiry date of the Agreement is 28 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Desk Group Pty Ltd T/A Desk Resources applied to the Fair Work Commission for approval of the Desk Resources Roy Hill AWU Greenfields Agreement 2015. The applicant is a mining contractor, and the agreement concerns the employment of workers at the Roy Hill mine. The applicant and the Australian Workers' Union (AWU) negotiated the agreement, which aims to govern the employment of workers at the Roy Hill mine.

The central legal issue was whether the agreement was consistent with the Fair Work Act 2009 and met the requirements for approval by the Fair Work Commission. Specifically, the Commission had to consider whether the agreement provided a fair and reasonable outcome for the employees, did not undermine the safety of employees, and complied with other relevant statutory provisions. The AWU argued that the agreement should not be approved as it did not adequately protect employees' rights and entitlements. The applicant maintained that the agreement was fair and reasonable and complied with all relevant statutory provisions.

The Fair Work Commission found that the agreement provided a fair and reasonable outcome for the employees, did not undermine their safety, and complied with all relevant statutory provisions. The Commission considered the negotiation process, the content of the agreement, and the submissions made by the parties. The Commission also took into account the economic context of the mining industry and the need for flexibility in employment arrangements. The Commission was satisfied that the agreement was consistent with the principles of the Fair Work Act and approved it.

No further orders were made. The Fair Work Commission approved the Desk Resources Roy Hill AWU Greenfields Agreement 2015, and it will now govern the employment of workers at the Roy Hill mine. The applicant may now implement the agreement, and the AWU may take appropriate action to ensure that its terms are complied with.

Desk Group Pty Ltd T/A Desk Resources

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established