DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kobalt Enc Pty Ltd
(AG2015/846)

KOBALT ENC PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 APRIL 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Kobalt Enc 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 Kobalt Enc Pty Ltd. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] 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] Based on statutory declaration provided by the organisation, 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.

[5] The Agreement was approved on 16 April 2015 and, in accordance with s.54, will operate from 23 April 2015. The nominal expiry date of the Agreement is 16 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kobalt Enc Pty Ltd applied to the Fair Work Commission for approval of the Roy Hill AWU Greenfields Agreement 2015. The application was made in the context of a new mining operation at Roy Hill in Western Australia, involving significant industrial activity and union negotiations. The Australian Workers' Union was a party to the agreement, which sought to establish terms and conditions for employees at the site. The Fair Work Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement sufficiently covered all mandated topics under the Fair Work Act and whether it provided for a fair and reasonable resolution of employment terms. The Commission had to assess the comprehensiveness of the agreement, including whether it addressed minimum wages, classification of employees, working hours, leave provisions, and other essential matters. Additionally, the Commission considered whether the agreement had been genuinely negotiated between the parties and whether it provided appropriate protections for employees.

The Fair Work Commission found that the Roy Hill AWU Greenfields Agreement 2015 was comprehensive and addressed all mandated topics under the Fair Work Act. The Commission noted that the agreement included provisions for minimum wages, employee classification, working hours, and leave entitlements, among other things. Furthermore, the Commission was satisfied that the agreement had been genuinely negotiated between the parties and provided fair and reasonable terms for employees. As a result, the Commission approved the agreement, finding it to be in compliance with the requirements of the Fair Work Act.

The Fair Work Commission's approval of the Roy Hill AWU Greenfields Agreement 2015 provides clarity and legal certainty for the parties involved in the mining operation at Roy Hill. The agreement sets out the terms and conditions of employment for employees at the site and ensures that they are protected by fair and reasonable standards. The Commission's decision confirms that the agreement meets the legal requirements for approval under the Fair Work Act, providing a solid foundation for the ongoing industrial activities at Roy Hill.

Kobalt Enc 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