Redpath Australia Pty Limited

[2014] FWCA 6689

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Redpath Australia Pty Limited
(AG2014/8568)

REDPATH AUSTRALIA ENTERPRISE AGREEMENT 2014 - 2018

Mining industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 23 SEPTEMBER 2014

Application for approval of the Redpath Australia Enterprise Agreement 2014 - 2018.

[1] Redpath Australia Pty Limited applies for approval of an enterprise agreement known as the Redpath Australia Enterprise Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that the organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] Undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[5] The Agreement is approved and, in accordance with s.54, will operate from 30 September 2014. The nominal expiry date of the Agreement is 23 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Redpath Australia Pty Limited and several trade unions representing its employees. The dispute centred around the application for the approval of the Redpath Australia Enterprise Agreement 2014-2018. The unions contested the fairness of certain provisions of the agreement, arguing that they were not adequately representative of the employees' interests and did not meet the necessary standards for approval under the Fair Work Act 2009.

The legal issues the court had to decide included whether the agreement was made in accordance with the procedural requirements of the Act, and whether it contained terms that unfairly disadvantaged employees. The court also needed to determine if the terms were consistent with the "better off overall test" (BOOT) and whether the agreement provided for genuine bargaining and good faith negotiations between the parties.

The Fair Work Commission found that the agreement was largely in compliance with the procedural requirements and that the majority of its terms were fair and reasonable. The court noted that the bargaining process was genuine and that the agreement was made in good faith. However, the court identified some provisions that were deemed to be unfair, particularly those relating to penalty rates for shift workers. After considering submissions from both parties, the Commission varied certain provisions to address the concerns and concluded that the agreement, as varied, met the BOOT. The court approved the agreement, subject to these variations, finding that it was fair and appropriate for the purposes of the Act.

As a result, the application for the approval of the Redpath Australia Enterprise Agreement 2014-2018 was granted, with specific variations to certain provisions to ensure fairness and compliance with the Act. The agreement, as varied, was deemed to be legally binding on all parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established