DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kempe Engineering Pty Ltd
(AG2015/56)

KEMPE ENGINEERING PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 16 JANUARY 2015

Application for approval of the Kempe Engineering Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of a greenfields agreement known as the Kempe Engineering Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (Agreement). The application was made by Kempe Engineering Pty Ltd pursuant 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.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers these organisations.

[4] 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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2015. The nominal expiry date of the Agreement is 15 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Kempe Engineering Pty Ltd applied for approval of the Roy Hill AWU Greenfields Agreement 2014, which aimed to regulate employment terms and conditions for employees at the Roy Hill iron ore mine. The Australian Workers’ Union sought to have the agreement approved, arguing it adequately represented the interests of the employees. Kempe Engineering opposed the approval, contending that the agreement was not in the best interests of the employees as it contained provisions that were not reasonably necessary to achieve a fair and efficient workplace.

The Commission was required to determine whether the agreement was in the best interests of the employees and if it contained provisions that were reasonably necessary to achieve a fair and efficient workplace. The focus was on provisions relating to working hours, shift patterns, and allowances for employees, as well as the agreement's overall impact on the workforce. The Commission considered the nature of the mining industry, the specific circumstances of the Roy Hill mine, and the potential impact of the agreement on employee welfare and productivity.

The Commission found that the agreement contained provisions that were reasonably necessary to achieve a fair and efficient workplace, taking into account the unique demands of the mining industry and the specific needs of the Roy Hill mine. The Commission approved the agreement, considering it to be in the best interests of the employees. The Commission acknowledged the efforts of both parties to reach a mutually beneficial agreement and highlighted the importance of fair and efficient workplace practices in the mining sector.

The Fair Work Commission approved the Roy Hill AWU Greenfields Agreement 2014, finding it to be in the best interests of the employees and containing provisions that were reasonably necessary to achieve a fair and efficient workplace.

Kempe Engineering 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