Hago Machinery Hire

[2013] FWCA 44

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hago Machinery Hire
(AG2012/13093)

HAGO MACHINERY HIRE AUSTRALIA BHPB IRON ORE GROWTH PROJECTS STAGE 1 AMWU & CFMEU GREENFIELDS AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 4 JANUARY 2013

Application for approval of the Hago Machinery Hire Australia BHPB Iron Ore Growth Projects Stage 1 AMWU & CFMEU Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Hago Machinery Hire Australia BHPB Iron Ore Growth Projects Stage 1 AMWU & CFMEU Greenfields Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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] As the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement.

[4] As the Agreement does not include a consultation term, the model consultation term is taken to be a term of the Agreement.

[5] 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 13 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Fair Work Commission, the parties involved were Hago Machinery Hire Australia BHP Billiton Iron Ore Growth Projects Pty Ltd, the Australian Manufacturing Workers' Union (AMWU), and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary dispute centred around the application for the approval of the Hago Machinery Hire Australia BHP Billiton Iron Ore Growth Projects Stage 1 AMWU & CFMEU Greenfields Agreement. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues that the Commission had to address included whether the agreement was genuinely negotiated and whether it provided for proper dispute resolution mechanisms. Furthermore, the Commission needed to ensure that the agreement did not undermine the right to free collective bargaining or discriminate against employees on the basis of their union membership or activity. The Commission also considered the overall fairness and reasonableness of the agreement's provisions in the context of the workplace.

The Fair Work Commission, after examining the evidence and submissions from the parties, found that the agreement was genuinely negotiated and provided for adequate dispute resolution mechanisms. The Commission was satisfied that the agreement did not undermine the right to free collective bargaining or discriminate against employees. The Commission considered the overall fairness and reasonableness of the agreement's provisions and concluded that it met the necessary criteria for approval under the Fair Work Act 2009. Consequently, the Commission approved the agreement.

In light of its findings, the Fair Work Commission approved the Hago Machinery Hire Australia BHP Billiton Iron Ore Growth Projects Stage 1 AMWU & CFMEU Greenfields Agreement, confirming its compliance with the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established