DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Minesite Maintenance Pty T/A Boddington Crane Hire
(AG2015/533)

BODDINGTON CRANE HIRE ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 MARCH 2015

Application for approval of the Boddington Crane Hire Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Boddington Crane Hire 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 Minesite Maintenance Pty Ltd T/A Boddington Crane Hire. 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 17 March 2015 and, in accordance with s.54, will operate from 24 March 2015. The nominal expiry date of the Agreement is
17 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Minesite Maintenance Pty Ltd, trading as Boddington Crane Hire, applied to the Fair Work Commission for approval of the Boddington Crane Hire Roy Hill AWU Greenfields Agreement 2015. The Australian Workers' Union (AWU) and Minesite Maintenance contested the application, raising concerns about the agreement's fairness and compliance with relevant laws. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards and was in the best interest of the employees covered by it.

The legal issues before the Commission included whether the agreement was made in good faith, whether it provided for fair terms and conditions, and whether it complied with the requirements of the Fair Work Act 2009. Additionally, the Commission had to consider the implications of the Greenfields Agreement on the bargaining process and its impact on the employees' rights and interests.

In its decision, the Fair Work Commission examined the terms of the agreement and the bargaining process. The Commission concluded that the agreement was made in good faith and contained fair terms and conditions. It also found that the agreement was compliant with the Fair Work Act and did not adversely affect the employees' rights or interests. The Commission ultimately approved the Boddington Crane Hire Roy Hill AWU Greenfields Agreement 2015, finding that it was in the best interests of the employees and met all necessary legal requirements.

The Fair Work Commission's approval of the agreement signifies a resolution to the dispute and sets a precedent for similar agreements in the future. The decision underscores the importance of fair and transparent bargaining processes and the need for agreements to be in the best interests of the employees they cover.

Minesite Maintenance Pty T/A Boddington Crane Hire

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established