Mammoet Australia Pty Ltd

[2014] FWCA 6615

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mammoet Australia Pty Ltd
(AG2014/7161)

MAMMOET AUSTRALIA PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 SEPTEMBER 2014

Application for approval of the Mammoet Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Mammoet 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 by Mammoet 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] 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.

[4] The Agreement was approved on 23 September 2014 and, in accordance with s.54, will operate from 30 September 2014. The nominal expiry date of the Agreement is 23 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mammoet Australia Pty Ltd applied to the Fair Work Commission for approval of the Mammoet Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The applicant argued the agreement was appropriate for approval, while the Australian Workers' Union (AWU) opposed the application, claiming the agreement was unfair and did not comply with statutory requirements. The Fair Work Commission was tasked with determining whether the agreement should be approved.

The central legal issues for the commission to decide were whether the agreement was a lawful agreement, whether it was appropriate to approve the agreement, and whether the agreement complied with the requirements of the Fair Work Act 2009. The commission also had to consider whether the agreement provided for the proper management of the workplace and whether it was in the interests of the employees.

In reaching its decision, the commission examined the terms of the agreement, the process by which it was negotiated, and the circumstances surrounding its execution. The commission considered the fairness of the agreement, the extent to which it complied with the statutory requirements, and whether it was in the best interests of the employees. After careful consideration, the commission found that the agreement was a lawful agreement, was appropriate for approval, and complied with the requirements of the Fair Work Act 2009. The commission concluded that the agreement provided for the proper management of the workplace and was in the interests of the employees.

The Fair Work Commission approved the Mammoet Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2014, subject to certain modifications. The commission found that the agreement was a lawful agreement, was appropriate for approval, and complied with the requirements of the Fair Work Act 2009. The modifications were necessary to ensure that the agreement met the statutory requirements and was in the best interests of the employees. The commission considered the evidence and arguments presented by both parties before making its decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established