DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Global Construction & Maintenance Services Australia Pty Ltd
(AG2015/589)

GLOBAL CONSTRUCTION & MAINTENANCE SERVICES AUSTRALIA PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 MARCH 2015

Application for approval of the Global Construction & Maintenance Services Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Global Construction & Maintenance Services Australia 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 Global Construction & Maintenance Services Australia 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 19 March 2015 and, in accordance with s.54, will operate from 26 March 2015. The nominal expiry date of the Agreement is
19 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Global Construction & Maintenance Services Australia Pty Ltd sought approval for the Roy Hill AWU Greenfields Agreement 2015 from the Fair Work Commission. The dispute centred on the terms and conditions of employment for workers at the Roy Hill iron ore project in Western Australia, specifically concerning the agreement's ability to ensure fair and efficient resolution of workplace disputes. The legal issues before the Commission involved the agreement's compliance with relevant legislative provisions, particularly the Fair Work Act 2009, and whether it provided appropriate mechanisms for dispute resolution.

The Commission examined the agreement's provisions regarding dispute resolution, including the establishment of a multi-tiered dispute resolution process. It considered whether the agreement adequately addressed the needs of both employers and employees, and if it promoted fair and efficient resolution of disputes. The Commission also assessed whether the agreement provided for independent and impartial decision-making, and if it aligned with the objectives of the Fair Work Act. Ultimately, the Commission found that the agreement was compliant with the Act and provided for fair and efficient dispute resolution. It approved the agreement, acknowledging the importance of a cooperative approach to workplace relations and the need for an effective dispute resolution process in the context of large-scale projects such as the Roy Hill iron ore mine.

The Fair Work Commission approved the Roy Hill AWU Greenfields Agreement 2015, finding it to be compliant with the Fair Work Act and providing for fair and efficient dispute resolution. The Commission's decision was based on its assessment of the agreement's provisions, which included a multi-tiered dispute resolution process, independent and impartial decision-making, and alignment with the objectives of the Act. The approval of the agreement will facilitate the continued operation of the Roy Hill iron ore project, ensuring that both employers and employees have access to an effective and efficient dispute resolution process. This decision reinforces the importance of cooperative workplace relations and the role of agreements in promoting fair and efficient resolution of disputes in the Australian workplace.

Global Construction & Maintenance 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