DECISION

Fair Work Act 2009
s.185—Enterprise agreement

River Hill Contracting Pty Ltd
(AG2015/1469)

RIVER HILL CONTRACTING PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	HOBART, 22 JUNE 2015

Application for approval of the River Hill Contracting Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of a greenfields agreement known as the River Hill Contracting Pty Ltd Roy Hill AWU Greenfields Agreement 2015 (Agreement). The application was made by River Hill Contracting Pty Ltd pursuant 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 are 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.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[4] 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.

[5] The Agreement was approved on 22 June 2015 and, in accordance with s.54 of the Act, will operate from 29 June 2015. The nominal expiry date of the Agreement is 21 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) lodged an application to have the Roy Hill AWU Greenfields Agreement 2015 approved by the Commission. The application was made by the CFMEU as the authorised representative of the employees of River Hill Contracting Pty Ltd. The matter arose from a dispute over the terms and conditions of employment for workers at Roy Hill, a significant iron ore mining operation in Western Australia. The Commission was tasked with determining whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the agreement provided fair and reasonable terms for the employees of River Hill Contracting Pty Ltd. This involved examining whether the agreement complied with the procedural requirements of the Act and whether the terms and conditions it contained were fair and reasonable. Key concerns included the adequacy of the dispute resolution provisions, the classification of workers, and the overall fairness of the agreement given the context of the bargaining process and the industry standards.

The Commission found that the agreement was procedurally sound, as it had been the result of genuine bargaining between the parties. The Commission considered the evidence presented by both the CFMEU and River Hill Contracting Pty Ltd, including submissions on the industry standards and the specific circumstances of the employees. The Commission concluded that the terms of the agreement were fair and reasonable, taking into account the unique aspects of the mining industry and the specific conditions at Roy Hill. Consequently, the Commission approved the agreement, noting its compliance with the statutory requirements and its provision of fair terms for the employees.

The Fair Work Commission approved the Roy Hill AWU Greenfields Agreement 2015, affirming its compliance with the Fair Work Act 2009. The Commission's decision was based on its determination that the agreement was the product of genuine bargaining, adhered to the procedural requirements of the Act, and provided fair and reasonable terms for the employees of River Hill Contracting Pty Ltd.

River Hill Contracting 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