DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DGL Contractors Pty Ltd
(AG2015/4244)

DGL CONTRACTORS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 7 AUGUST 2015

Application for approval of the DGL CONTRACTORS Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of a greenfields agreement known as the DGL CONTRACTORS Pty Ltd Roy Hill AWU Greenfields Agreement 2015 (Agreement). The application was made by DGL Contractors Pty Ltd pursuant 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] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 August 2015. The nominal expiry date of the Agreement is 6 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, DGL Contractors Pty Ltd, sought approval for an agreement reached with the Australian Workers' Union concerning employment terms for workers at the Roy Hill project. The application was before the Fair Work Commission, which was required to determine whether the agreement complied with the requirements of the Fair Work Act 2009. The central issue was whether the agreement appropriately balanced the rights and interests of employers and employees, particularly in relation to the terms for new employees joining the project. The Commission had to assess if the agreement met the criteria of being in the public interest and providing for better outcomes than the existing industrial instrument.

The Fair Work Commission considered the public interest test, which requires the agreement to have a significant public benefit and be more favourable than the existing industrial instrument. The Commission evaluated the terms of the agreement against these criteria, assessing whether the agreement provided for better wages, conditions, and workplace relations than the previous arrangements. The Commission also examined whether the agreement was likely to promote better industrial relations and whether it addressed significant public interest considerations, such as the stability of the workforce and the economic benefits to the region. The applicant argued that the agreement provided improved terms for employees and better industrial relations, while the union contended that the agreement did not adequately protect the rights of employees.

After careful consideration, the Fair Work Commission found that the agreement met the public interest test. The Commission concluded that the agreement provided for better outcomes for employees, including improved wages and conditions, and that it would promote better industrial relations at the Roy Hill project. The Commission was satisfied that the agreement addressed significant public interest considerations, such as the stability of the workforce and economic benefits to the region. Therefore, the Commission approved the agreement, finding that it was in the public interest and provided for better outcomes than the existing industrial instrument. The applicant's application for approval of the agreement was accordingly granted.

DGL Contractors 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