DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rhino Water Tanks & Liners Pty Ltd
(AG2014/10444)

RHINO WATER TANKS & LINERS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 31 DECEMBER 2014

Application for approval of the Rhino Water Tanks & Liners Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of a greenfields agreement known as the Rhino Water Tanks & Liners Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (Agreement). The application was made by Rhino Water Tanks & Liners Pty Ltdpursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 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) of the Act 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 of the Act, will operate from 7 January 2015. The nominal expiry date of the Agreement is 7 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the Rhino Water Tanks & Liners Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The applicant, Rhino Water Tanks & Liners Pty Ltd, sought the approval of the agreement to ensure compliance with the Fair Work Act 2009. The dispute arose from the negotiations between the applicant and the Australian Workers Union (AWU) regarding employment terms for workers at the Roy Hill project. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act.

The primary legal issue the Commission had to address was whether the proposed agreement met the procedural and substantive requirements for approval under the Fair Work Act. Procedurally, the Commission needed to assess whether the agreement was genuinely negotiated between the parties and whether there was evidence of good faith bargaining. Substantively, the Commission had to determine if the agreement provided fair and reasonable terms and conditions of employment, including wages, hours of work, and other employment conditions. Additionally, the Commission had to consider whether the agreement adequately protected the rights and interests of employees and complied with any relevant awards and regulations.

In evaluating the application, the Fair Work Commission considered the evidence provided by both parties, including witness statements, documentation of negotiations, and submissions. The Commission found that the agreement was genuinely negotiated in good faith and that the terms were fair and reasonable. The Commission noted that the agreement included provisions for wages, working hours, and other employment conditions that were consistent with industry standards and did not disadvantage the employees. The Commission concluded that the agreement met the necessary criteria for approval under the Fair Work Act. As a result, the Fair Work Commission approved the Rhino Water Tanks & Liners Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

The Fair Work Commission ordered that the Rhino Water Tanks & Liners Pty Ltd Roy Hill AWU Greenfields Agreement 2014 be approved and registered under the Fair Work Act. The agreement would now be applicable to the employees of Rhino Water Tanks & Liners Pty Ltd working on the Roy Hill project, providing them with the terms and conditions outlined in the approved agreement. The decision ensured that the employment terms were fair, reasonable, and compliant with the relevant legislation, protecting the rights and interests of both the employer and the employees.

Rhino Water Tanks & Liners 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