Hago Machinery Hire Pty Ltd Summary

[2013] FWCA 8770

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hago Machinery Hire Pty Ltd
(AG2013/9843)

HAGO MACHINERY HIRE PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 NOVEMBER 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Hago Machinery Hire Pty Ltd Roy Hill AWU Greenfields Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Hago Machinery Hire 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] An undertaking has been given in relation to this Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[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 7 November 2013 and, in accordance with s.54, will operate from 14 November 2013. The nominal expiry date of the Agreement is 7 May 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code G, AE405234 PR544278>
Appendix A

CaseChat Overview and Summary

In this case, Hago Machinery Hire Pty Ltd applied to the Fair Work Commission for approval of the Roy Hill AWU Greenfields Agreement 2013. The application involved the negotiation and formalisation of an enterprise agreement between the employer and the Australian Workers' Union, concerning the terms and conditions of employment for employees at the Roy Hill mine. The central dispute pertained to whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Commission had to assess whether the agreement had been fairly negotiated, included appropriate provisions for minimum entitlements, and met other legal requirements.

The court considered several key issues, including the fairness of the negotiation process, whether the agreement contained all mandatory provisions, and whether it complied with specific statutory requirements. Notably, the court examined whether the agreement provided for the minimum terms and conditions as stipulated by the Fair Work Act, including minimum wages, leave entitlements, and other employment standards. Additionally, the Commission evaluated the process by which the agreement was negotiated to ensure it was genuine and not coerced.

Upon review, the Fair Work Commission determined that the Roy Hill AWU Greenfields Agreement 2013 was fairly negotiated and contained all necessary provisions. The Commission concluded that the agreement met the legal requirements for approval and was in the best interests of the employees. Consequently, the Commission approved the agreement, acknowledging its compliance with the Fair Work Act. This decision affirmed the agreement's validity and established the terms and conditions for employees at the Roy Hill mine, providing clarity and legal certainty for both the employer and the employees.

Hago Machinery Hire Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established