DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Foreshore Protection Pty Ltd
(AG2015/162)

FORESHORE PROTECTION PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 FEBRUARY 2015

Application for approval of the Foreshore Protection Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Foreshore Protection Pty Ltd 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 Foreshore Protection 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 5 February 2015 and, in accordance with s.54, will operate from 12 February 2015. The nominal expiry date of the Agreement is 5 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Foreshore Protection Pty Ltd applied to the Full Bench of the Fair Work Commission for approval of the Roy Hill AWU Greenfields Agreement 2015. The applicant, Foreshore Protection, is an employer in the iron ore industry and sought to enter into an enterprise agreement with its employees who are represented by the Australian Workers’ Union. The dispute concerned the terms of the proposed agreement, particularly those relating to the classification of employees and their conditions of employment.

The legal issues before the Full Bench included whether the agreement met the requirements for approval under the Fair Work Act 2009. This involved considering whether the agreement was a genuine enterprise agreement, whether it provided for the proper classification and remuneration of employees, and whether it was procedurally fair. The court also had to determine whether the agreement complied with the Fair Work (Registered Organisations) Act 2009, particularly in terms of the role of the union in the negotiation process.

The Full Bench found that the agreement was a genuine enterprise agreement and was procedurally fair. The court considered the evidence provided by both parties and the negotiation process undertaken. The Full Bench determined that the agreement provided for the proper classification and remuneration of employees and did not contain any terms that were contrary to public policy or contrary to any other law. The court also found that the union had played an appropriate role in the negotiation process and that the agreement complied with the relevant legislation.

The Full Bench approved the Roy Hill AWU Greenfields Agreement 2015. The agreement is now legally binding on the parties and will govern the employment conditions of the employees represented by the union. The decision of the Full Bench provides clarity on the requirements for approving enterprise agreements and the role of unions in the negotiation process.

Foreshore Protection 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