DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inselec Pty Ltd
(AG2015/4494)

INSELEC PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 2 SEPTEMBER 2015

Application for approval of the Inselec Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise Agreement known as the Inselec 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 Inselec Pty Ltd.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union 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.

[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] Pursuant to s.53(2)(b) I note the Agreement was made with the Australian Workers’ Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from
9 September 2015. The nominal expiry date of the Agreement is 2 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Inselec Pty Ltd was the applicant seeking approval of the Roy Hill AWU Greenfields Agreement 2015 from the Fair Work Commission. The Australian Workers’ Union, as a party to the agreement, was also involved in the proceedings. The dispute centred around whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement contained appropriate terms and conditions for the workforce at the Roy Hill mine, and if it complied with the statutory requirements for greenfields agreements.

The legal issues that the Commission had to address included whether the agreement sufficiently provided for the protection of employees’ rights and interests, whether it complied with the provisions of the Fair Work Act, and if the agreement was the product of genuine bargaining. The Commission also considered whether the agreement met the requirements for a greenfields agreement, particularly in terms of its coverage of the entire workforce and its provisions for the establishment of the mine.

In its decision, the Commission found that the agreement was a genuine product of bargaining and met the statutory requirements for a greenfields agreement. The Commission emphasised that the agreement included comprehensive terms and conditions that adequately protected the employees’ interests, and it found no breaches of the Fair Work Act. The Commission was satisfied that the agreement was appropriate for the unique context of a greenfields project and approved the agreement accordingly. The Commission’s approval was based on its conclusion that the agreement provided fair and reasonable terms for the employees, and it met all legal requirements for a greenfields agreement.

The Fair Work Commission approved the Roy Hill AWU Greenfields Agreement 2015, finding that it was a genuine product of bargaining, complied with the Fair Work Act, and met the necessary standards for a greenfields agreement. This decision provided clarity and certainty for both the parties involved and the employees, ensuring that the agreement was legally sound and beneficial for all stakeholders.

Inselec 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