Redpath Australia Pty Limited Summary

[2013] FWCA 3746

FAIR WORK COMMISSION

DECISION

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

Redpath Australia Pty Limited
(AG2013/6847)

REDPATH - AWU (ROSEBERY) AGREEMENT 2013

Mining industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 13 JUNE 2013

Application for approval of the Redpath - AWU (Rosebery) Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Redpath - AWU (Rosebery) Agreement 2013 (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Redpath Australia Pty Limited and the Australian Workers’ Union.

[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.In particular, I am satisfied that the employee organisation 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] An undertaking concerning clause 5.1.4 and clause 2.15 has been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 20 June 2013. The nominal expiry date of the Agreement is 12 June 2017

SENIOR DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the matter of Redpath Australia Pty Limited involved an application for the approval of an industrial agreement. The applicant, Redpath Australia, sought the court's endorsement of the Redpath - AWU (Rosebery) Agreement 2013, which had been negotiated with the Australian Workers' Union. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The court's role was to ensure the agreement complied with the legislative framework, particularly concerning the provisions that govern the rights and obligations of employees and employers.

The primary legal issues before the court were whether the agreement was genuinely negotiated and if it met the criteria for approval under the Fair Work Act. Specifically, the court examined whether the agreement was in writing, whether it contained the minimum terms and conditions mandated by the Act, and whether it had been fairly and genuinely negotiated. The court also had to consider if the agreement met the "better off overall test" which ensures that employees are not worse off as a result of the agreement.

In delivering its judgment, the court thoroughly reviewed the agreement and the evidence provided by both parties. The court found that the agreement was genuinely negotiated and contained all the required terms and conditions. It was confirmed that the agreement did not result in employees being worse off overall. The court noted that the agreement had been the subject of extensive negotiations and that the union had provided comprehensive evidence of this process. The court concluded that the agreement met the statutory requirements for approval and was in the best interest of the employees.

The court granted the application for approval of the Redpath - AWU (Rosebery) Agreement 2013. The agreement was deemed to be genuinely negotiated and compliant with the Fair Work Act, thereby allowing it to come into effect as a legally binding instrument.

Redpath Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established