Roche Resources Mining & Infrastructure Summary

[2013] FWCA 3413

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Roche Resources Mining & Infrastructure
(AG2013/4862)

ROCHE RESOURCES MINING & INFRASTRUCTURE ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 29 MAY 2013

Application for approval of the Roche Resources Mining & Infrastructure Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Roche Resources Mining & Infrastructure Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] I had some concerns regarding clause 2 in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. I do not know of any person being a bargaining representative for the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Roche Resources Mining & Infrastructure was an application brought before the Fair Work Commission concerning the approval of the 2013 Enterprise Agreement. The applicant, Roche Resources, sought approval for the agreement which was intended to govern the employment terms and conditions for its employees. The dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009, including the need to ensure that the agreement facilitated a fair and efficient workplace and provided for the proper engagement of employees.

The primary legal issue before the Commission was whether the proposed agreement was a "better off overall test" compliant and whether it complied with all the relevant provisions of the Fair Work Act. This included assessing whether the agreement provided for a fair and efficient workplace, and whether it met the standards for a low-paid workforce agreement. Additionally, the Commission had to consider whether the agreement was made in accordance with the procedural requirements of the Act, including whether the agreement was genuinely negotiated.

The Commission found that the agreement was compliant with the better off overall test and met all the statutory requirements of the Fair Work Act. The agreement was considered to provide for a fair and efficient workplace, and it adequately addressed the needs of the low-paid workforce. The Commission also determined that the agreement was genuinely negotiated and complied with all procedural requirements. As a result, the Commission approved the Roche Resources Mining & Infrastructure Enterprise Agreement 2013. The decision underscored the importance of meeting both substantive and procedural standards in enterprise agreements to ensure fairness and compliance with the law.

Roche Resources Mining & Infrastructure

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established