Rock Australia Mining & Civil Pty Ltd T/A Rock Australia

[2014] FWCA 2669

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rock Australia Mining & Civil Pty Ltd T/A Rock Australia
(AG2014/889)

ROCK AUSTRALIA MINING & CIVIL PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 23 APRIL 2014

Application for approval of the ROCK Australia Mining & Civil Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the ROCK Australia Mining & Civil Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] 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.

[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 three and a half years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rock Australia Mining & Civil Pty Ltd, trading as Rock Australia, applied for approval of the ROCK Australia Mining & Civil Pty Ltd Roy Hill AWU Greenfields Agreement 2014 by the Fair Work Commission. The Australian Workers’ Union (AWU) opposed the application on various grounds, primarily asserting that the agreement failed to provide adequate protections for workers. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement complied with the provisions of the Fair Work Act, specifically sections 233 and 234, which require that an enterprise agreement provides for fair and reasonable terms and conditions and does not adversely affect employees' general rights and freedoms. The Commission examined whether the agreement adequately protected workers' rights and whether it allowed for fair and reasonable terms and conditions in light of the AWU's objections.

In assessing the application, the Commission considered the overall fairness and reasonableness of the agreement. It scrutinised the provisions related to wages, working conditions, and dispute resolution mechanisms. The Commission noted that while the AWU raised several objections, many of the proposed terms were consistent with industry standards and previous agreements. Ultimately, the Commission found that the agreement did not adversely affect the general rights and freedoms of employees and provided for fair and reasonable terms and conditions. Consequently, the application was approved.

The Fair Work Commission approved the ROCK Australia Mining & Civil Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The Commission's decision was based on its finding that the agreement met the statutory requirements for approval under the Fair Work Act. The Commission's approval was communicated to the parties, and the agreement was formally approved, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established