IRP Ptd Ltd T/A Industrial Recruitment Partners

[2013] FWCA 10200

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

IRP Ptd Ltd T/A Industrial Recruitment Partners
(AG2013/10076)

INDUSTRIAL RECRUITMENT PARTNERS ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 DECEMBER 2013

Application for approval of the Industrial Recruitment Partners Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Industrial Recruitment Partners 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 IRP 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] 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.

[4] The Agreement was approved on 30 December 2013 and, in accordance with s.54, will operate from 6 January 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

IRP Pty Ltd T/A Industrial Recruitment Partners sought approval of the Industrial Recruitment Partners Roy Hill AWU Greenfields Agreement 2013 from the Fair Work Commission. The dispute involved the proposed agreement, which was to be applied to employees working at the Roy Hill mine site, and whether it complied with the relevant legislative provisions. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission included whether the agreement provided for the proper engagement of employees, whether it ensured fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements for approval. The Commission had to consider the submissions from both the applicant and the Australian Workers' Union, as well as the relevant provisions of the Fair Work Act and other relevant legislation.

In delivering its decision, the Commission found that the proposed agreement met the necessary criteria for approval. The Commission determined that the agreement provided for the proper engagement of employees, ensured fair and reasonable terms and conditions of employment, and complied with the procedural requirements for approval. The Commission also noted that the agreement provided for appropriate consultation and negotiation processes between the parties.

As a result, the Commission approved the Industrial Recruitment Partners Roy Hill AWU Greenfields Agreement 2013. The agreement was deemed to be compliant with the Fair Work Act and other relevant legislation, and was thus approved for use at the Roy Hill mine site. The Commission's decision provides clarity and certainty for the parties involved, as well as a framework for the engagement of employees at the site.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established