DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electrical & Pumping Services Australia Pty Ltd
(AG2015/90)

ELECTRICAL & PUMPING SERVICES AUSTRALIA PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 JANUARY 2015

Application for approval of the Electrical & Pumping Services Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Electrical & Pumping Services Australia 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 Electrical & Pumping Services 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 30 January 2015 and, in accordance with s.54, will operate from 6 February 2015. The nominal expiry date of the Agreement is 29 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Electrical & Pumping Services Australia Pty Ltd recently applied to the Fair Work Commission for approval of the Electrical & Pumping Services Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The agreement was to cover the employees of the company who work at the Roy Hill mine in Western Australia. The Australian Workers’ Union was the bargaining representative for the employees. The application for approval came before the Commission because the agreement provided for wages and other conditions that were less favourable than the applicable award. This made the agreement a low paid, non-approved agreement for the purposes of the Fair Work Act 2009. The company argued that the agreement was in the interests of the employees because it would result in a reduction in the number of hours worked by them. The union argued that the agreement was detrimental to the employees as it would reduce the number of penalty rates payable to them. The legal issues the Commission was required to determine were whether the agreement was in the interests of the employees and whether it was appropriate to make an order approving the agreement. The Commission considered the evidence presented by the parties and the relevant statutory provisions. It held that the agreement was in the interests of the employees because the reduction in hours would result in a better work-life balance for them. The Commission also found that the agreement was appropriate to be approved because it was not likely to have a detrimental effect on the employees. The Commission approved the agreement and made the necessary orders.

Electrical & Pumping Services Australia 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