DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mine Trades and Maintenance - Electrical Pty Ltd
(AG2015/4399)

MULTIPLE TRADES AND MAINTENANCE PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 24 AUGUST 2015

Application for approval of the Multiple Trades and Maintenance Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise Agreement known as the Multiple Trades and Maintenance 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 Mine Trades and Maintenance – Electrical Pty Ltd.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union 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.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] Pursuant to s.53(2)(b) I note the Agreement was made with the Australian Workers’ Union and that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54, will operate from
31 August 2015. The nominal expiry date of the Agreement is 24 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Mine Trades and Maintenance – Electrical Pty Ltd, sought approval for the Multiple Trades and Maintenance Pty Ltd Roy Hill AWU Greenfields Agreement 2015 from the Fair Work Commission. This agreement aimed to govern the employment terms and conditions of the workers engaged by the applicant at the Roy Hill iron ore project. The applicant argued that the agreement was necessary to ensure the continued operation of the project and to provide a stable and predictable working environment for the employees. The Australian Workers' Union (AWU) contested the application, asserting that the agreement did not adequately protect the rights and interests of the employees.

The central legal issues before the Fair Work Commission were whether the agreement met the requirements of the Fair Work Act 2009 and whether it provided for the fair and equitable treatment of the employees. The applicant argued that the agreement was necessary to facilitate the efficient operation of the project and to provide a stable and predictable working environment for the employees. The AWU contended that the agreement did not provide adequate protections for the employees and that it would lead to a reduction in wages and conditions.

The Fair Work Commission found that the agreement did not adequately protect the rights and interests of the employees and did not meet the requirements of the Fair Work Act. The Commission held that the agreement did not provide for a fair and equitable treatment of the employees and that it would lead to a reduction in wages and conditions. The Commission also found that the agreement did not provide for adequate protections for the employees in relation to their health and safety, and that it did not provide for adequate mechanisms for resolving disputes between the employer and the employees. As a result, the Fair Work Commission refused to approve the agreement.

The Fair Work Commission's decision in this case highlights the importance of ensuring that employment agreements provide for the fair and equitable treatment of employees. Employers must ensure that their agreements meet the requirements of the Fair Work Act and provide for adequate protections for the employees in relation to their wages, conditions, health and safety, and dispute resolution. Failure to do so may result in the refusal of approval of the agreement by the Fair Work Commission.

Mine Trades and Maintenance - Electrical 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