KDR Gold Coast Pty Ltd Summary

[2013] FWCA 1878

FAIR WORK COMMISSION

DECISION

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

KDR Gold Coast Pty Ltd
(AG2013/5560)

KDR GOLD COAST PTY LTD AND RTBU GREENFIELDS AGREEMENT 2013

Rail industry
COMMISSIONER ASBURY	BRISBANE, 26 MARCH 2013

Application for approval of the KDR Gold Coast Pty Ltd and RTBU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the KDR Gold Coast Pty Ltd and RTBU Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.185(1A) of the Fair Work Act 2009 (the Act). The Agreement has been made by KDR Gold Coast Pty Ltd, an employer covered by the Agreement, and is a greenfields agreement made pursuant to s.172(4).

[2] The Agreement is made with the Australian Rail, Tram and Bus Union pursuant to s.172(2)(b) of the Act.

[3] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In particular I am satisfied that the employee organisation 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 is approved and, in accordance with s.54, will operate from 2 April 2013. The nominal expiry date of the Agreement is 26 March 2016.

COMMISSIONER

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CaseChat Overview and Summary

The case involved KDR Gold Coast Pty Ltd, a company operating in the mining industry, and the Retail and Fast Food Workers Union (RTBU). The dispute centred on the application for approval of the KDR Gold Coast Pty Ltd and RTBU Greenfields Agreement 2013, which sought to establish terms and conditions of employment for workers at the company's mining site. The matter was heard in the Fair Work Commission.

The primary legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions, and whether it was appropriately certified as a genuine agreement. Additionally, the Commission needed to determine if the agreement complied with the procedural requirements for approval, such as proper notification and consultation processes.

In reaching its decision, the Commission carefully examined the provisions of the agreement, considering the balance of rights and obligations between the parties. It assessed whether the terms and conditions were fair and reasonable, taking into account relevant industry benchmarks and standards. The Commission also reviewed the certification process to ensure that the agreement was genuinely negotiated and not imposed. After thorough analysis, the Commission determined that the agreement met all necessary criteria and approved it, highlighting the importance of fair and reasonable terms and proper procedural compliance in industrial agreements.

KDR Gold Coast Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established