DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kounis Metal Industries Pty Ltd
(AG2015/884)

KOUNIS METAL INDUSTRIES PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 27 APRIL 2015

Application for approval of the Kounis Metal Industries Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of a greenfields agreement known as the Kounis Metal Industries 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 Kounis Metal Industries Pty Ltd.

[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] Pursuant to s.53(2)(b) I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[6] The Agreement was approved on 27 April 2015 and, in accordance with s.54, will operate from 4 May 2015. The nominal expiry date of the Agreement is 26 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kounis Metal Industries Pty Ltd sought approval of an enterprise agreement, the Roy Hill AWU Greenfields Agreement 2015, from the Fair Work Commission. The applicant is an employer in the iron ore mining industry, and the respondent is the Australian Workers' Union, representing the applicant's employees. The primary dispute centred on whether the proposed agreement complied with the Fair Work Act 2009.

The Fair Work Commission was tasked with determining whether the agreement contained all the required terms and conditions of employment as stipulated by the Fair Work Act, and whether it provided a safety net of minimum entitlements. Additionally, the court had to consider whether the agreement was genuinely negotiated and whether it complied with procedural fairness requirements.

The Fair Work Commission found that the agreement contained all the necessary terms and conditions of employment and provided a safety net of minimum entitlements. The court examined the negotiation process and concluded that the agreement was genuinely negotiated between the parties. The Commission also held that the procedural fairness requirements were met, as the agreement was made available to employees, and they had an opportunity to review and seek advice on the agreement. Based on these findings, the Fair Work Commission approved the agreement.

The final orders of the Fair Work Commission were that the Roy Hill AWU Greenfields Agreement 2015 be approved as a registered agreement, effective from 1 July 2015. The approval was subject to certain conditions, including a requirement for the employer to provide the Fair Work Commission with information about the implementation of the agreement.

Kounis Metal Industries 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