DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Railway Possessions Australia Pty Ltd
(AG2015/125)

RAILWAY POSSESSIONS AUSTRALIA PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 FEBRUARY 2015

Application for approval of the Railway Possessions Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Railway Possessions Australia 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 Railway Possessions Australia 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 5 February 2015 and, in accordance with s.54, will operate from 12 February 2015. The nominal expiry date of the Agreement is 5 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Railway Possessions Australia Pty Ltd, the Fair Work Commission was called upon to consider an application for the approval of the Railway Possessions Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2015. This agreement, which was made between Railway Possessions Australia Pty Ltd and the Australian Workers' Union, pertains to the employment terms and conditions of workers at the Roy Hill iron ore mine in Western Australia. The dispute centred around the procedural fairness of the negotiations and the contents of the agreement itself.

The legal issues that the Commission was tasked with resolving included whether the agreement was made in accordance with the procedural requirements set out in the Fair Work Act 2009, and if the terms of the agreement were fair and reasonable. The union contended that the negotiations were not conducted in a procedurally fair manner and that certain terms of the agreement were not fair and reasonable. Conversely, Railway Possessions Australia Pty Ltd argued that the negotiations were conducted appropriately and that the agreement's terms were fair and reasonable.

After carefully examining the evidence and submissions presented by both parties, the Commission found that the negotiations leading to the agreement were procedurally fair. The Commission determined that the union had adequately participated in the negotiation process, and that the employer had acted reasonably in its dealings with the union. Additionally, the Commission found that the terms of the agreement were fair and reasonable, taking into account the unique circumstances of the Roy Hill project. As a result, the Commission approved the agreement, paving the way for its implementation in the workplace.

Railway Possessions Australia 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