DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hi-Temp Services Pty Ltd ATF Murray Investment Trust
(AG2015/4313)

HI-TEMP SERVICES PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 AUGUST 2015

Application for approval of the Hi-Temp Services Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Hi-Temp Services 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 Hi-Temp Services Pty Ltd ATF Murray Investment Trust. 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 18 August 2015 and, in accordance with s.54, will operate from 25 August 2015. The nominal expiry date of the Agreement is
18 February 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Hi-Temp Services Pty Ltd ATF Murray Investment Trust, the Fair Work Commission was tasked with approving a greenfields agreement. The applicant, Hi-Temp Services, sought approval for a proposed enterprise agreement to govern the employment conditions for workers at the Roy Hill Project in Western Australia. The Australian Workers’ Union (AWU) represented the workers in the negotiations.

The central legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it was in the best interests of the employees. Key points of contention included the classification of certain workers, provisions regarding overtime, shift patterns, and the overall fairness and effectiveness of the agreement in protecting the rights and interests of the employees.

The Fair Work Commission found that while the agreement contained several provisions that were beneficial to the employees, certain aspects did not meet the legislative standards. The Commission noted that some classifications and the overtime provisions did not align with the requirements of the Fair Work Act. However, after considering submissions from both parties and the broader implications for the workforce, the Commission concluded that the overall agreement was in the best interests of the employees. The Commission approved the agreement with specific modifications to address the identified shortcomings, ensuring compliance with the Act and protecting the rights of the workers.

The final orders of the Commission included the approval of the Hi-Temp Services Pty Ltd Roy Hill AWU Greenfields Agreement 2015, subject to the modifications made to address the classification and overtime provisions. These changes were designed to ensure the agreement met the statutory requirements and protected the interests of the employees going forward.

Hi-Temp Services Pty Ltd ATF Murray Investment Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established