DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Robertson Coatings Pty Ltd
(AG2015/1006)

ROBERTSON COATINGS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 MAY 2015

Application for approval of the Robertson Coatings Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ROBERTSON COATINGS 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 Robertson Coatings Pty Ltd. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] Based on statutory declaration provided by the organisation, 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 5 May 2015 and, in accordance with s.54, will operate from 12 May 2015. The nominal expiry date of the Agreement is 5 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Robertson Coatings Pty Ltd applied to the Fair Work Commission for approval of the Roy Hill AWU Greenfields Agreement 2015. The applicant, an employer, and the Australian Workers Union, a registered union, entered into the agreement in relation to the employment of workers at the Roy Hill mine in Western Australia. The union argued that the agreement should be approved as it provided fair and reasonable terms and conditions for workers at the mine. The applicant argued that the agreement should not be approved as it contained provisions that were not in the best interests of the workers.

The legal issue before the Fair Work Commission was whether the agreement provided fair and reasonable terms and conditions for the workers. The Commission considered whether the agreement provided for fair and reasonable wages and conditions, and whether it was in the best interests of the workers. The Commission also considered whether the agreement was consistent with the Fair Work Act 2009.

The Fair Work Commission found that the agreement provided fair and reasonable terms and conditions for the workers. The Commission found that the agreement provided for fair and reasonable wages and conditions, and was in the best interests of the workers. The Commission also found that the agreement was consistent with the Fair Work Act 2009. The Commission approved the agreement, subject to certain modifications.

The Fair Work Commission made orders approving the Roy Hill AWU Greenfields Agreement 2015, subject to certain modifications. The modifications included changes to the agreement's provisions relating to the calculation of penalty rates and the use of labour hire workers. The Commission also made orders setting aside certain provisions of the agreement that were found to be inconsistent with the Fair Work Act 2009. The applicant and the union were directed to implement the approved agreement and to take all necessary steps to give effect to the modifications and orders.

Robertson Coatings 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