DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Process Plants International Pty Ltd
(AG2015/1418)

PROCESS PLANTS INTERNATIONAL PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 JUNE 2015

Application for approval of the PROCESS PLANTS INTERNATIONAL Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of a greenfields agreement known as the PROCESS PLANTS INTERNATIONAL Pty Ltd Roy Hill AWU Greenfields Agreement 2015 (Agreement). The application was made by Process Plants International Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 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 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] 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] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers these organisations.

[5] The Agreement was approved on 17 June 2015 and, in accordance with s.54 of the Act, will operate from 24 June 2015. The nominal expiry date of the Agreement is 16 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Process Plants International Pty Ltd recently faced a significant legal matter before the Fair Work Commission. The company sought approval for a new enterprise agreement, the Process Plants International Pty Ltd Roy Hill AWU Greenfields Agreement 2015. This agreement was intended to establish the terms and conditions of employment for certain employees working on the Roy Hill iron ore project in Western Australia. The Australian Workers' Union (AWU) was involved in negotiating the agreement on behalf of the employees.

The central legal issue before the commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the commission needed to determine if the agreement was "not contrary to the public interest," as required by section 179 of the Act. The process involved scrutinising the agreement's provisions to ensure they complied with the legal standards, including provisions related to wages, working conditions, and dispute resolution mechanisms. The commission also considered the process by which the agreement was negotiated and the extent to which employee interests were represented.

The commission examined the evidence and arguments presented by both parties, focusing on whether the agreement provided fair and reasonable terms for employees and whether it aligned with broader public interest considerations. After thorough deliberation, the commission concluded that the agreement did not contravene any public interest considerations. It found that the agreement was fair and reasonable, providing appropriate protections and benefits for employees while also considering the commercial viability of the project. Consequently, the commission approved the Process Plants International Pty Ltd Roy Hill AWU Greenfields Agreement 2015, allowing it to come into effect as intended.

Process Plants 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