DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RecruitWest Pty Ltd
(AG2014/10367)

RECRUITWEST PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 31 DECEMBER 2014

Application for approval of the RecruitWest Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of a greenfields agreement known as the RecruitWest Pty Ltd 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 RecruitWest Pty Ltd.

[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 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] 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 this organisation.

[5] The Agreement was approved on 31 December 2014 and, in accordance with s.54, will operate from 7 January 2015. The nominal expiry date of the Agreement is 7 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RecruitWest Pty Ltd made an application for the approval of the Roy Hill AWU Greenfields Agreement 2014. The application was brought before the Fair Work Commission, which was required to determine whether the agreement provided for fair and better off outcomes for the employees covered by the agreement. The Australian Workers' Union was the registered organisation representing the employees, and it opposed the application on the basis that the agreement would not result in fair and better off outcomes for the employees.

The Fair Work Commission considered whether the agreement provided for fair and better off outcomes for the employees. The Commission looked at the various provisions of the agreement and compared them with the relevant industrial instruments to determine whether the agreement provided for terms and conditions that were at least as good as, or better than, the applicable industrial instruments. The Commission also considered whether the agreement provided for procedural fairness in relation to the employees' terms and conditions of employment.

The Fair Work Commission found that the agreement provided for fair and better off outcomes for the employees. The Commission found that the agreement provided for terms and conditions that were at least as good as, or better than, the applicable industrial instruments. The Commission also found that the agreement provided for procedural fairness in relation to the employees' terms and conditions of employment. The Commission approved the agreement, and the application was successful.

The Fair Work Commission approved the Roy Hill AWU Greenfields Agreement 2014, finding that it provided for fair and better off outcomes for the employees. The Commission found that the agreement provided for terms and conditions that were at least as good as, or better than, the applicable industrial instruments. The Commission also found that the agreement provided for procedural fairness in relation to the employees' terms and conditions of employment. The Commission approved the agreement, and the application was successful.

RecruitWest 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