DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kamrac Labour Group Pty Ltd T/A Kamrac Labour Group Pty Ltd
(AG2015/1356)

KAMRAC LABOUR GROUP PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 10 JUNE 2015

Application for approval of the Kamrac Labour Group Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of a greenfields agreement known as the Kamrac Labour Group Pty Ltd Roy Hill AWU Greenfields Agreement 2015 (Agreement). The application was made by Kamrac Labour Group Pty Ltd T/A Kamrac Labour Group Pty Ltdpursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 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 are 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) of the Act 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 of the Act, will operate from 17 June 2014. The nominal expiry date of the Agreement is 9 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this matter were Kamrac Labour Group Pty Ltd and the Australian Workers Union, with the dispute centred around the approval of a proposed agreement concerning employment terms and conditions for the Roy Hill project. The case was heard in the Fair Work Commission, Australia’s national workplace relations tribunal. The Australian Workers Union sought approval for the Kamrac Labour Group Pty Ltd Roy Hill AWU Greenfields Agreement 2015, which aimed to establish the terms and conditions of employment for workers at the Roy Hill project. The legal issues before the Commission involved whether the proposed agreement met the requirements for approval under the Fair Work Act 2009, particularly in relation to ensuring genuine agreement, fairness, and compliance with relevant laws.

The Fair Work Commission considered whether the agreement was genuinely agreed upon by both parties, whether it was fair, and whether it complied with the relevant sections of the Fair Work Act 2009. The Commission examined the negotiation process and the extent of consultation between the parties. It also assessed whether the agreement provided for fair terms and conditions of employment, including adequate wages, hours of work, and other employment-related matters. Furthermore, the Commission evaluated whether the agreement met the requirements for being a registered agreement and whether it was in the best interest of the employees covered by the agreement.

After reviewing the evidence and submissions from both parties, the Fair Work Commission found that the Kamrac Labour Group Pty Ltd Roy Hill AWU Greenfields Agreement 2015 met the criteria for approval. The Commission concluded that the agreement was genuinely agreed upon, fair, and compliant with the Fair Work Act 2009. The Commission considered the agreement to be in the best interests of the employees covered by it, as it provided for fair terms and conditions of employment. Consequently, the Commission approved the agreement, and it became effective from the date of the decision.

Kamrac Labour Group Pty Ltd T/A Kamrac Labour Group 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