Olex Australia Pty Ltd

[2014] FWCA 943

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Olex Australia Pty Ltd
(AG2014/161)

OLEX AUSTRALIA PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 7 FEBRUARY 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Olex Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is three and a half years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Olex Australia Pty Ltd sought approval of the Olex Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2014 from the Fair Work Commission. The dispute involved the terms and conditions of employment for workers at the Roy Hill mine in Western Australia, with a focus on whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. The applicant argued that the agreement provided fair and reasonable terms for employees, while the Australian Workers' Union contended that certain provisions were not adequately protective of workers' rights.

The court was required to determine whether the agreement satisfied the criteria for approval, including whether it provided for fair and reasonable terms and conditions, and whether it complied with relevant minimum standards set out in the Act. The court had to assess the fairness of the agreement's provisions concerning wages, hours of work, and other employment conditions, taking into account the economic context of the mining industry and the specific circumstances of the workforce.

The Fair Work Commission found that the agreement was fair and reasonable, meeting the statutory criteria for approval. The Commission considered the economic context of the mining industry, the bargaining positions of the parties, and the specific terms of the agreement. It concluded that the agreement provided adequate protections for employees while also balancing the interests of the employer in a competitive market. The Commission approved the agreement, noting its compliance with relevant minimum standards and its fairness in the context of the particular industry and workforce.

The court's final order was to approve the Olex Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2014, recognising it as meeting the requirements for approval under the Fair Work Act 2009. This decision allows the agreement to be registered and enforceable, providing a framework for the employment terms and conditions at the Roy Hill mine.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established