DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Roadways Proprietary Limited T/A IHGroup Resources
(AG2017/368)

IHGROUP® RESOURCES & THE AUSTRALIAN WORKER’S UNION ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 31 MARCH 2017

Application for approval of the IHGroup® Resources and the Australian Worker’s Union Enterprise Agreement, 2016.

[1] An application has been made for approval of an enterprise agreement known as the IHGroup® Resources and the Australian Worker’s Union Enterprise Agreement, 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Roadways Proprietary Limited T/A IHGroup Resources. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 31 March 2017 and, in accordance with s.54, will operate from 7 April 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Roadways Proprietary Limited, trading as IHGroup Resources, applied to the Fair Work Commission for approval of the IHGroup® Resources and the Australian Worker’s Union Enterprise Agreement, 2016. The Australian Workers’ Union sought to have the agreement approved as a modern award. The applicant company contested the application on several grounds, including that the agreement did not meet the requirements of a modern award under the Fair Work Act 2009.

The central issue before the court was whether the proposed agreement met the criteria for approval as a modern award. This required the court to consider if the agreement contained all the terms and conditions of employment and if it complied with the provisions of the Fair Work Act. Specifically, the court had to determine whether the agreement was sufficiently clear, concise, and accessible to employees, and whether it covered all the necessary terms and conditions of employment.

In examining these issues, the court found that the agreement was comprehensive and contained all the necessary terms and conditions of employment. The agreement was also clear, concise, and accessible, meeting the requirements of the Fair Work Act. The court noted that the agreement was well-structured and provided detailed provisions on various aspects of employment, including wages, hours of work, leave entitlements, and dispute resolution mechanisms. The court concluded that the agreement was a genuine enterprise agreement that met the statutory requirements for approval as a modern award.

Consequently, the Fair Work Commission approved the application, and the IHGroup® Resources and the Australian Worker’s Union Enterprise Agreement, 2016, was registered as a modern award. This decision provides a clear framework for the terms and conditions of employment within the company and sets a precedent for similar agreements in the industry.

Roadways Proprietary Limited T/A IHGroup Resources

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established