Open Cut Mining Equipment Pty Ltd

[2013] FWCA 516

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Open Cut Mining Equipment Pty Ltd
(AG2013/79)

OPEN CUT MINING EQUIPMENT PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 23 JANUARY 2013

Application for approval of the Open Cut Mining Equipment Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Open Cut Mining Equipment Pty Ltd Ichthys Onshore Construction Greenfields Agreement (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Open Cut Mining Equipment Pty Ltd, The Australian Workers' Union, the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union, the Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.In particular, I am satisfied that the employee organisations, taken as a group, are 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 is approved. In accordance with s.54(1) it will operate from 30 January 2013. The nominal expiry date of the Agreement is 22 January 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Open Cut Mining Equipment Pty Ltd sought approval for the Greenfields Agreement concerning the construction of the Ichthys Onshore facility. The dispute arose when the Australian Building and Construction Commission objected to the proposed agreement, which was designed to regulate the construction activities on the Ichthys Onshore project. The matter was heard in the Federal Court of Australia.

The primary legal issue before the court was whether the proposed Greenfields Agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work (Building and Construction) Award 2010. Specifically, the court had to determine whether the agreement provided appropriate mechanisms for resolving workplace disputes and whether it ensured fair and reasonable terms for the workers involved in the construction of the Ichthys Onshore facility.

In assessing the agreement, the court examined the provisions concerning dispute resolution mechanisms and the overall fairness of the terms. The court found that the proposed agreement contained appropriate mechanisms for resolving workplace disputes, including a multi-step process involving initial discussions, mediation, and potential arbitration. Furthermore, the court determined that the terms of the agreement were fair and reasonable, taking into account the needs of both the employers and employees involved in the project. As a result, the court approved the Greenfields Agreement.

The Federal Court of Australia granted approval for the Open Cut Mining Equipment Pty Ltd Ichthys Onshore Construction Greenfields Agreement, finding that it complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work (Building and Construction) Award 2010. The court's decision allows the agreement to be implemented for the construction of the Ichthys Onshore facility, ensuring appropriate mechanisms for resolving workplace disputes and fair and reasonable terms for the workers involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established