Resource Engineering & Design Pty Ltd T/A Resource Engineering & Design Pty Ltd

[2014] FWCA 2156

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Resource Engineering & Design Pty Ltd T/A Resource Engineering & Design Pty Ltd
(AG2014/707)

RESOURCE ENGINEERING & DESIGN PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 3 APRIL 2014

Application for approval of the Resource Engineering & Design Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Resource Engineering & Design 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

Resource Engineering & Design Pty Ltd applied to the Fair Work Commission for approval of the Roy Hill AWU Greenfields Agreement 2014. The applicant, a civil engineering and design company, entered into an agreement with the Australian Workers' Union. The agreement covered employees engaged in the construction of the Roy Hill iron ore mine in Western Australia. The dispute involved the terms and conditions of employment, including wages, hours, and other benefits for the workforce at the site.

The legal issues before the Commission were whether the agreement was in the best interests of the employees and whether it met the criteria set out in the Fair Work Act 2009. The Commission needed to consider whether the agreement provided a safety net of minimum terms and conditions, facilitated flexible and efficient enterprise bargaining, and promoted streamlined enterprise agreements. Additionally, the Commission assessed the agreement's compliance with the Better Off Overall Test (BOOT) to ensure that employees would not be worse off under the new agreement.

The Fair Work Commission found that the agreement met the requirements of the Fair Work Act and was in the best interests of the employees. The Commission concluded that the agreement provided a safety net of minimum terms and conditions, facilitated efficient bargaining, and streamlined enterprise agreements. It also met the BOOT by ensuring employees would not be worse off. The Commission approved the agreement, finding that it balanced the interests of both the employer and the employees and promoted a harmonious workplace.

The final orders of the Fair Work Commission included the approval of the Roy Hill AWU Greenfields Agreement 2014, which would now apply to the employees of Resource Engineering & Design Pty Ltd working on the Roy Hill iron ore mine project. The agreement would provide a framework for the terms and conditions of employment, promoting a cooperative and productive work environment. The Commission's decision provided clarity and certainty for both the employer and employees, ensuring a fair and balanced agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established