Future Fibre Pty Ltd

[2014] FWCA 6081

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Future Fibre Pty Ltd
(AG2014/1974)

FUTURE FIBRE PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 SEPTEMBER 2014

Application for approval of the Future Fibre Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Future Fibre 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 Future Fibre 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 3 September 2014 and, in accordance with s.54, will operate from 10 September 2014. The nominal expiry date of the Agreement is 3 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Future Fibre Pty Ltd, the operator of the Roy Hill iron ore mine in Western Australia, applied for approval of the Future Fibre Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The Australian Workers' Union (AWU) had entered into the agreement with Future Fibre, which sought to regulate various employment terms and conditions for workers employed at the Roy Hill mine. The dispute centred on the fairness and appropriateness of the agreement under the Fair Work Act 2009. The Fair Work Commission heard the application and was required to determine whether the agreement met the criteria for approval under the Act.

The central legal issue before the Commission was whether the agreement was fair and appropriate, particularly in relation to the wage rates, penalty rates, and other employment conditions stipulated in the agreement. The Commission had to consider whether the agreement provided a safety net for employees and whether it was consistent with the principles of the Fair Work Act, including the protection of employees' rights and interests. Additionally, the Commission needed to assess whether the agreement adequately addressed the needs of both the employer and the employees and if it facilitated a cooperative and productive workplace.

The Commission found that the agreement was fair and appropriate, as it provided a safety net for employees, protected their rights, and ensured a balance between the interests of the employer and the employees. The Commission concluded that the agreement contained provisions that were consistent with the principles of the Fair Work Act and adequately addressed the needs of both parties. Furthermore, the Commission noted that the agreement facilitated a cooperative and productive workplace, which was beneficial for all stakeholders involved. Consequently, the Commission approved the Future Fibre Pty Ltd Roy Hill AWU Greenfields Agreement 2014, as it met the criteria for approval under the Fair Work Act.

The Fair Work Commission approved the Future Fibre Pty Ltd Roy Hill AWU Greenfields Agreement 2014, recognising its fairness and appropriateness in regulating the employment terms and conditions for workers employed at the Roy Hill mine. The Commission's decision underscored the importance of striking a balance between the interests of employers and employees while ensuring a cooperative and productive workplace. The approval of the agreement facilitated the ongoing operation of the Roy Hill mine and the provision of employment opportunities for workers in the region.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established