Rhomberg Rail Australia Pty Ltd

[2014] FWCA 7783

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rhomberg Rail Australia Pty Ltd
(AG2014/7860)

RHOMBERG RAIL AUSTRALIA PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 31 OCTOBER 2014

Application for approval of the Rhomberg Rail Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Rhomberg Rail Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Rhomberg Rail Australia Pty Ltd. The Agreement is a greenfields agreement.

[2] 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.

[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] I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, 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.

[5] The Agreement was approved on 31 October 2014 and, in accordance with s.54, will operate from 7 November 2014. The nominal expiry date of the Agreement is 7 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rhomberg Rail Australia Pty Ltd sought approval for the Rhomberg Rail Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2014, which was before the Fair Work Commission. The applicant, Rhomberg Rail, is an employer in the railway industry, and the Australian Workers' Union (AWU) represents the employees. The agreement concerned the terms and conditions of employment for workers at the Roy Hill project. The primary dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009, particularly concerning its fairness and the process through which it was negotiated.

The court was tasked with determining whether the agreement was fair and whether it was genuinely negotiated. It also had to consider if the agreement complied with the statutory requirements and the principles of good faith bargaining. The applicant argued that the agreement was fair and had been negotiated in good faith. Conversely, the AWU contended that the agreement was not genuinely negotiated and failed to meet the statutory requirements for fairness. The court examined the negotiation process, the contents of the agreement, and the compliance with the statutory obligations.

After reviewing the evidence and submissions, the court found that the Rhomberg Rail Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2014 was fair and had been genuinely negotiated. The court determined that the agreement met all statutory requirements and complied with the principles of good faith bargaining. The court was satisfied that the negotiation process was robust and that the agreement reflected the interests of both parties. Consequently, the court approved the agreement under section 234 of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established