DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pressure Dynamics International Pty Ltd
(AG2015/782)

PRESSURE DYNAMICS INTERNATIONAL PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 APRIL 2015

Application for approval of the Pressure Dynamics International Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Pressure Dynamics International 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 Pressure Dynamics International Pty Ltd. 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 9 April 2015 and, in accordance with s.54, will operate from 16 April 2015. The nominal expiry date of the Agreement is 8 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pressure Dynamics International Pty Ltd applied to the Fair Work Commission for approval of the Pressure Dynamics International Pty Ltd Roy Hill AWU Greenfields Agreement 2015. The Australian Workers' Union (AWU) opposed the application, arguing that the agreement was not in the best interests of the employees. The matter was heard by the Commission, which was required to determine whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The key legal issue before the Commission was whether the proposed agreement provided a safety net for employees' rights and entitlements, and whether it was in the best interests of the employees. The Commission considered the terms of the agreement, the bargaining positions of the parties, and the overall fairness and reasonableness of the agreement. The Commission also considered the evidence and arguments presented by both parties, including the submissions of the AWU opposing the application.

The Commission found that the proposed agreement met the statutory criteria for approval. The Commission was satisfied that the agreement provided a safety net for employees' rights and entitlements, and that it was in the best interests of the employees. The Commission noted that the agreement provided for a range of protections and benefits for employees, including minimum wages, leave entitlements, and dispute resolution procedures. The Commission also found that the bargaining positions of the parties were not significantly unequal, and that the agreement was not oppressive or unfairly biased towards the employer.

The Commission approved the Pressure Dynamics International Pty Ltd Roy Hill AWU Greenfields Agreement 2015. The AWU's application for review of the decision was dismissed. The approved agreement provides a framework for the employment of workers at the Roy Hill project, and sets out the terms and conditions of employment for those workers.

Pressure Dynamics International 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