Midwest Traffic Controllers Pty Ltd

[2014] FWCA 6623

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Midwest Traffic Controllers Pty Ltd
(AG2014/6971)

MIDWEST TRAFFIC CONTROLLERS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 SEPTEMBER 2014

Application for approval of the Midwest Traffic Controllers Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Midwest Traffic Controllers 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 Midwest Traffic Controllers 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 24 September 2014 and, in accordance with s.54, will operate from 1 October 2014. The nominal expiry date of the Agreement is 24 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Midwest Traffic Controllers Pty Ltd, which sought approval for the Roy Hill AWU Greenfields Agreement 2014. This agreement aimed to govern the employment terms for workers at the Roy Hill mine. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement should be certified and applicable as a registered agreement under the Fair Work Act 2009.

The primary legal issue was whether the agreement met the requirements for approval under section 233 of the Fair Work Act. Specifically, the Commission had to assess if the agreement had been made in good faith, if it provided for the genuine resolution of the issues it covered, and if it met the better-off-overall-test. Additionally, the Commission examined whether the agreement included adequate protections for employees and if it complied with the Act’s objectives.

In its decision, the Fair Work Commission considered the evidence presented regarding the negotiation process and the content of the agreement. The Commission found that the agreement was made in good faith and genuinely resolved the issues it covered. The Commission also concluded that the agreement met the better-off-overall-test and included appropriate protections for employees. The Commission found that the agreement aligned with the objectives of the Fair Work Act, including promoting high levels of employment and productivity.

The Fair Work Commission approved the Roy Hill AWU Greenfields Agreement 2014, certifying it as a registered agreement. This decision allowed the agreement to come into effect and govern the employment terms for workers at the Roy Hill mine, subject to the terms of the agreement and the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established