Dust Management Services Pty Ltd

[2014] FWCA 8607

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dust Management Services Pty Ltd
(AG2014/8186)

DUST MANAGEMENT SERVICES PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 DECEMBER 2014

Application for approval of the Dust Management Services Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Dust Management Services 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 Dust Management Services 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 1 December 2014 and, in accordance with s.54, will operate from 8 December 2014. The nominal expiry date of the Agreement is 8 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Dust Management Services Pty Ltd applied for the approval of the Dust Management Services Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The Australian Workers' Union opposed the application, citing concerns about the fairness and adequacy of the agreement terms. The dispute centred on several aspects of the proposed agreement, including the classification of employees, the rates of pay, and the conditions of employment.

The primary legal issues for the Commission to decide were whether the agreement met the statutory criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment, and whether it was consistent with the principles of the Fair Work Act 2009. The Commission also had to consider whether the agreement provided for a fair process for resolving disputes between the parties.

After examining the evidence and submissions presented by both parties, the Commission found that the proposed agreement met the statutory criteria for approval. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, including adequate rates of pay and reasonable working hours. The Commission also found that the agreement provided for a fair process for resolving disputes between the parties. The Commission approved the agreement, noting that it was in the best interests of the employees and the employer.

The Fair Work Commission approved the Dust Management Services Pty Ltd Roy Hill AWU Greenfields Agreement 2014, finding that it met the statutory criteria for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and provided for a fair process for resolving disputes between the parties. The Commission's decision was based on the evidence and submissions presented by both parties, and was in the best interests of the employees and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established