Logic Services Pty Ltd

[2013] FWCA 2085

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Logic Services Pty Ltd
(AG2013/683)

LOGIC SERVICES PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 8 APRIL 2013

Application for approval of the Logic Services Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Logic Services Pty Ltd Roy Hill AWU Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Logic Services Pty Ltd applied to the Fair Work Commission for approval of the Logic Services Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The applicant argued that the agreement was necessary to regulate the employment of workers who would be employed by Logic Services Pty Ltd at the Roy Hill iron ore mine. The Fair Work Commission was required to determine whether the agreement was in the public interest, as it would establish terms and conditions of employment for workers who would be employed at the mine. The Commission also had to consider whether the agreement was likely to have a significant impact on the wages, conditions, or terms of employment of workers in the industry.

The Commission considered the arguments presented by both the applicant and the objectors to the agreement. The Commission found that the agreement was necessary to regulate the employment of workers at the mine and that it was in the public interest. The Commission also found that the agreement was likely to have a significant impact on the wages, conditions, and terms of employment of workers in the industry. However, the Commission concluded that the agreement was fair and reasonable and would provide for the efficient operation of the mine.

The Fair Work Commission approved the Logic Services Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The Commission found that the agreement was in the public interest and would provide for the efficient operation of the mine. The Commission also found that the agreement was fair and reasonable and would not have an adverse impact on the wages, conditions, or terms of employment of workers in the industry. The Commission's approval of the agreement was based on its consideration of the evidence presented by both the applicant and the objectors, and its assessment of the agreement's potential impact on the industry and the public interest.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established