Red Dust Holdings Pty Ltd

[2013] FWCA 8768

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Red Dust Holdings Pty Ltd
(AG2013/9842)

RED DUST HOLDINGS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 NOVEMBER 2013

Application for approval of the Red Dust Holdings Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Red Dust Holdings 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 Red Dust Holdings 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] An undertaking has been given in relation to this Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[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 7 November 2013 and, in accordance with s.54, will operate from 14 November 2013. The nominal expiry date of the Agreement is 7 May 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

In the Fair Work Commission, Red Dust Holdings Pty Ltd sought approval of the Roy Hill AWU Greenfields Agreement 2013. The application involved the agreement between the company and the Australian Workers' Union concerning employment terms and conditions for workers at the Roy Hill mining project in Western Australia. The dispute centred on whether the agreement met the necessary criteria under the Fair Work Act 2009 for approval and registration.

The legal issues before the Commission included whether the agreement contained genuine bargaining between the parties, whether it met the "better off overall test" as required by the Act, and whether it included appropriate dispute resolution mechanisms. Furthermore, the Commission had to assess if the agreement provided adequate protections for employees, particularly in terms of wages, hours of work, and other employment conditions.

The Commission found that the agreement was the product of genuine bargaining, meeting the necessary requirements of the Act. It was determined that the agreement provided employees with a better overall package than the applicable award, satisfying the "better off overall test." Additionally, the dispute resolution mechanisms within the agreement were deemed adequate and compliant with legal standards. As a result, the Commission approved the application, and the Roy Hill AWU Greenfields Agreement 2013 was registered under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established