DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Randstad Pty Ltd
(AG2015/4478)

RANDSTAD PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 2 SEPTEMBER 2015

Application for approval of the Randstad Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise Agreement known as the Randstad 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 Randstad Pty Ltd.

[2] This is a greenfields Agreement that meets the requirements of s.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 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.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] Pursuant to s.53(2)(b) I note the Agreement was made with the Australian Workers’ Union and that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54, will operate from 9 September 2015. The nominal expiry date of the Agreement is 2 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Randstad Pty Ltd, applied for approval of the Randstad Pty Ltd Roy Hill AWU Greenfields Agreement 2015 under section 186 of the Fair Work Act 2009. The application was heard by the Fair Work Commission, presided over by Deputy President J. The dispute involved the applicant's desire to certify a proposed enterprise agreement for the employees working at the Roy Hill mine in Western Australia.

The primary legal issue before the court was whether the proposed agreement met the requirements of the Fair Work Act, particularly if it provided for a fair and appropriate process for employees to express their views on the agreement and if it contained the mandatory terms and conditions specified in the Act. The court had to consider the extent to which the agreement was genuinely negotiated and whether the proposed terms were fair and reasonable.

The court found that the proposed agreement contained all the mandatory terms and conditions required by the Act. The applicant demonstrated a genuine process for employees to express their views, ensuring that the agreement was fairly negotiated. The court considered the evidence presented by the applicant, including the outcomes of the employee voting process, and concluded that the proposed agreement met the legal requirements for approval. As such, the court approved the Randstad Pty Ltd Roy Hill AWU Greenfields Agreement 2015 under section 186 of the Fair Work Act 2009.

In light of the court's approval, the final order was that the Randstad Pty Ltd Roy Hill AWU Greenfields Agreement 2015 would be registered and approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement would then apply to the employees working at the Roy Hill mine, subject to the terms and conditions outlined in the approved agreement.

Randstad 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