DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lampson (Australia) Pty Ltd
(AG2014/10207)

LAMPSON (AUSTRALIA) PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 19 DECEMBER 2014

Application for approval of the Lampson (Australia) Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Lampson (Australia) Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made byLampson (Australia) Pty Ltd. The Agreement is a greenfields agreement.

[2] 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] 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 19 December 2014 and, in accordance with s.54, will operate from 26 December 2014. The nominal expiry date of the Agreement is 26 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lampson (Australia) Pty Ltd was a party to an enterprise agreement with the Australian Workers Union (AWU), concerning the operations at the Roy Hill mine in Western Australia. The case was heard in the Fair Work Commission (FWC), where the dispute centred on the approval of a proposed agreement between the parties. The agreement, titled the Lampson (Australia) Pty Ltd Roy Hill AWU Greenfields Agreement 2014, needed to be assessed for its compliance with the relevant industrial laws and provisions. The FWC was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was a "good faith" bargain, as required by the Act, and whether it provided for appropriate pay and conditions for the employees. Another significant issue was whether the agreement adequately addressed any potential impact on non-union employees, ensuring that it did not unfairly disadvantage them. The Commission also had to consider whether the agreement complied with all the procedural requirements set forth in the legislation for the approval of enterprise agreements.

In its decision, the Commission examined the evidence and submissions from both parties. It found that the agreement was indeed the product of genuine negotiations and reflected the intentions of both parties. The Commission considered the pay and conditions provisions to be fair and reasonable, providing adequate protections and benefits to the employees. The Commission was satisfied that the agreement did not unfairly disadvantage non-union employees, as it provided a fair process for their inclusion in the agreement. Consequently, the FWC approved the Lampson (Australia) Pty Ltd Roy Hill AWU Greenfields Agreement 2014, confirming its compliance with the relevant provisions of the Act.

The final orders of the Commission included the approval of the agreement, which would now be binding on the parties and their employees. The Commission also directed that the agreement be registered with the Fair Work Ombudsman, ensuring its legal enforceability. The decision confirmed the rights and obligations of both parties under the agreement and provided a resolution to the dispute.

Lampson (Australia) 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