Finn Hire Pty Ltd

[2013] FWCA 6091

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Finn Hire Pty Ltd
(AG2013/2391)

FINN HIRE PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 26 AUGUST 2013

Application for approval of the Finn Hire Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Finn Hire Pty Ltd Roy Hill AWU Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Finn Hire Pty Ltd for the approval of the Finn Hire Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The dispute centred around the terms and conditions of employment for workers at the Roy Hill iron ore mine in Western Australia, with the Australian Workers' Union (AWU) representing the workers. The Commission was tasked with determining whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement for a fair and independent process in its creation.

The primary legal issue the Commission addressed was whether the agreement had been made in accordance with the statutory requirements for a Greenfields agreement, specifically under section 176 of the Fair Work Act. This involved assessing whether the process leading to the agreement was genuinely independent and free from employer influence, as well as whether the agreement itself met the criteria for being considered fair. Additionally, the Commission needed to examine whether the agreement provided adequate protections and benefits for the workers, including provisions on wages, hours of work, and other employment conditions.

In delivering its decision, the Commission carefully reviewed the evidence presented regarding the negotiation process and the content of the agreement. The Commission concluded that the process by which the agreement was formed was independent and free from employer influence, satisfying the requirements of section 176 of the Act. The Commission also found that the agreement provided for fair terms and conditions, taking into account the unique circumstances of the Greenfields project and the need to balance the interests of both the employer and the employees. Consequently, the Commission approved the Finn Hire Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

The final orders of the Commission included the approval of the agreement, effective from the date of the decision, and mandated that it be registered with the Fair Work Commission. The agreement was to govern the employment terms and conditions of the workers at the Roy Hill mine, subject to any modifications that might be required under the Fair Work Act. The Commission's decision provided clarity on the legal framework for Greenfields agreements and reinforced the importance of a fair and independent process in the negotiation of such agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established