Reiner Holdings Pty Ltd

[2014] FWCA 4604

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Reiner Holdings Pty Ltd
(AG2014/1710)

REINER HOLDINGS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 18 JULY 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Reiner Holdings Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is three and a half years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Reiner Holdings Pty Ltd, applied for approval of the Roy Hill AWU Greenfields Agreement 2014, which was to govern the employment of workers at its Roy Hill iron ore mine in Western Australia. The Australian Workers’ Union (AWU) opposed the application, arguing that the agreement was not genuinely negotiated and did not comply with relevant industrial relations legislation. The Fair Work Commission (FWC) was the court that heard the application.

The legal issues that the FWC was required to decide included whether the agreement was genuinely negotiated, whether it complied with the relevant industrial relations laws, and whether it was in the best interests of the employees. The AWU argued that the agreement was not genuinely negotiated and that the applicant had used its market power to force unfavourable terms on the union. The FWC had to consider the evidence presented by both parties and determine whether the agreement met the legal requirements for approval.

In its decision, the FWC found that the agreement was genuinely negotiated and that the applicant had not used its market power to force unfavourable terms on the union. The FWC also found that the agreement complied with relevant industrial relations laws and was in the best interests of the employees. The FWC rejected the AWU's arguments and approved the agreement. The FWC found that the applicant had acted in good faith during the negotiation process and that the agreement reflected the parties' genuine intentions.

The FWC approved the Roy Hill AWU Greenfields Agreement 2014, subject to certain conditions. The conditions included the establishment of a joint health and safety committee, the provision of training and development opportunities for employees, and the protection of employees' rights to freedom of association. The FWC's decision was based on the evidence presented by both parties and its determination that the agreement met the legal requirements for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established