Programmed Integrated Workforce Limited Summary

[2014] FWCA 7780

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Integrated Workforce Limited
(AG2014/7848)

PROGRAMMED INTEGRATED WORKFORCE LIMITED ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 31 OCTOBER 2014

Application for approval of the Programmed Integrated Workforce Limited Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Integrated Workforce Limited Roy Hill AWU Greenfields Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Programmed Integrated Workforce Limited. The Agreement is a greenfields agreement.

[2] 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] 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 31 October 2014 and, in accordance with s.54, will operate from 7 November 2014. The nominal expiry date of the Agreement is 7 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for approval of the Programmed Integrated Workforce Limited Roy Hill AWU Greenfields Agreement 2014, heard before the Fair Work Commission. The applicant, Programmed Integrated Workforce Limited, sought approval for the agreement, which was negotiated with the Australian Workers' Union. The agreement aimed to establish employment terms for workers at the Roy Hill mining project.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. The Commission had to assess if the agreement was fairly negotiated, if it contained the necessary minimum terms and conditions, and if it complied with procedural requirements. Additionally, the Commission examined whether the agreement adequately protected employees' interests and provided fair and reasonable terms.

In its decision, the Commission found that the agreement was fairly negotiated and contained the necessary minimum terms and conditions. The Commission determined that the procedural requirements were met and that the agreement provided fair and reasonable terms for the employees. The Commission emphasised the importance of protecting workers' interests in such agreements, particularly in the context of large infrastructure projects. Ultimately, the Commission approved the agreement, acknowledging its significance in establishing fair employment terms for the Roy Hill project.

The Fair Work Commission approved the Programmed Integrated Workforce Limited Roy Hill AWU Greenfields Agreement 2014, recognising its importance in setting fair employment terms for the Roy Hill mining project. The Commission found that the agreement met the statutory criteria for approval, including fair negotiation, compliance with minimum terms and procedural requirements, and adequate protection of employees' interests. The approval ensures that the agreement will provide a framework for the employment conditions of workers involved in the project.

Programmed Integrated Workforce Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established