DECISION

Fair Work Act 2009
s.185—Enterprise agreement

M & L Lee Pty Ltd
(AG2015/686)

M & L LEE PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 MARCH 2015

Application for approval of the M & L Lee Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the
M & L Lee 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 M & L Lee 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 27 March 2015 and, in accordance with s.54, will operate from 3 April 2015. The nominal expiry date of the Agreement is 26 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of M & L Lee Pty Ltd, the Fair Work Commission was tasked with approving an agreement that had been made between the company and its employees. The agreement, known as the Roy Hill AWU Greenfields Agreement 2015, was submitted for approval under the Fair Work Act 2009. The central issue for the court was to determine whether the agreement complied with the legal standards required for its approval, including whether it met the requirements for "better off overall" and "no disadvantage" tests, and whether it was procedurally fair.

The court examined the agreement's provisions to ensure that employees would be no worse off and, in fact, better off overall compared to their previous conditions. It also considered whether the agreement disadvantaged any employee by excluding or reducing their entitlements. Furthermore, the court assessed the procedural fairness of the agreement-making process to ensure that employees had adequate opportunity to be involved in the process and that their views were genuinely considered.

After thorough examination, the Fair Work Commission found that the Roy Hill AWU Greenfields Agreement 2015 met the statutory requirements for approval. The agreement was deemed to be procedurally fair, and it satisfied the "better off overall" and "no disadvantage" tests. Consequently, the court approved the agreement, allowing it to be implemented as a binding enterprise agreement under the Fair Work Act 2009. This decision provided clarity and legal certainty regarding the terms and conditions of employment for the employees of M & L Lee Pty Ltd at the Roy Hill Greenfields site.

M & L Lee 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