DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RHG Contractors Pty Ltd
(AG2015/4442)

RHG CONTRACTORS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 27 AUGUST 2015

Application for approval of the RHG Contractors Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise Agreement known as the RHG Contractors Pty Ltd Roy Hill AWU Greenfields Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by RHG Contractors Pty Ltd.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Australian Workers’ Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from
3 September 2015. The nominal expiry date of the Agreement is 27 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RHG Contractors Pty Ltd applied for the approval of the Roy Hill AWU Greenfields Agreement 2015 by the Fair Work Commission. The dispute involved the terms and conditions of employment for workers in the construction of the Roy Hill iron ore mine in Western Australia. The Fair Work Commission was the body responsible for approving the agreement under the Fair Work Act 2009. The primary legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act and the Fair Work Regulations, particularly concerning the fairness and suitability of the terms and conditions for the workers.

The Commission examined the provisions of the agreement to determine if they were fair and suitable, taking into account the nature of the work and the interests of the employees. Key aspects of the agreement assessed included the classification of workers, pay rates, hours of work, and other entitlements. The Commission also considered the process by which the agreement was negotiated and whether the parties had genuinely attempted to reach an agreement. The Commission noted that the agreement was the product of negotiations between RHG Contractors and the Australian Workers' Union, representing the employees.

After thorough consideration, the Fair Work Commission approved the Roy Hill AWU Greenfields Agreement 2015. The Commission found that the agreement was fair and suitable, taking into account the nature of the work and the interests of the employees. It was satisfied that the agreement was negotiated in good faith and met the legal requirements for approval under the Fair Work Act. The Commission's decision was based on a detailed analysis of the agreement's terms and the evidence presented during the hearing. The approval of the agreement ensures that the workers involved in the construction of the Roy Hill mine are covered by a fair and suitable employment contract.

RHG Contractors Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established