R & J Haulage Pty Ltd Summary

[2013] FWCA 9918

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

R & J Haulage Pty Ltd
(AG2013/10056)

R & J HAULAGE PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 DECEMBER 2013

Application for approval of the R& J Haulage Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the R& J Haulage Pty Ltd Roy Hill AWU Greenfields Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by R & J Haulage Pty Ltd. 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] 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.

[4] The Agreement was approved on 18 December 2013 and, in accordance with s.54, will operate from 25 December 2013. The nominal expiry date of the Agreement is 18 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Roy Hill AWU Greenfields Agreement 2013 between R & J Haulage Pty Ltd and the Australian Workers Union. The application was heard by the Fair Work Commission, which was tasked with determining whether the agreement complied with the Fair Work Act 2009. The Australian Workers Union sought to have the agreement approved as a greenfields agreement, which would allow it to be registered without a member vote. The company opposed the application on several grounds, including that the agreement did not meet the definition of a greenfields agreement and that it contained provisions that were not in the best interests of the employees.

The central legal issue before the Commission was whether the Roy Hill AWU Greenfields Agreement 2013 satisfied the requirements of a greenfields agreement under the Fair Work Act 2009. This involved examining whether the agreement was made in good faith, whether it related to a new enterprise, and whether it was in the best interests of the employees. The company argued that the agreement did not meet the definition of a greenfields agreement because it was not made in good faith and because it did not relate to a new enterprise. The union argued that the agreement did meet the definition of a greenfields agreement and that it was in the best interests of the employees.

The Commission found that the Roy Hill AWU Greenfields Agreement 2013 did meet the definition of a greenfields agreement under the Fair Work Act 2009. It held that the agreement was made in good faith and that it related to a new enterprise. The Commission also found that the agreement was in the best interests of the employees, despite the company's objections. The Commission considered the evidence presented by both parties and found that the agreement provided for fair and reasonable terms and conditions of employment for the employees. The Commission also noted that the agreement provided for a significant increase in wages and improved working conditions for the employees.

The Fair Work Commission approved the Roy Hill AWU Greenfields Agreement 2013 as a greenfields agreement. The agreement was registered without a member vote, as permitted by the Fair Work Act 2009. The company's objections were dismissed, and the union's application for approval was granted. This decision provides guidance on the requirements for a greenfields agreement under the Fair Work Act 2009 and highlights the importance of good faith bargaining and the best interests of employees in the agreement-making process.

R & J Haulage Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established