Roebuck Bay Services

[2014] FWCA 948

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Roebuck Bay Services
(AG2014/156)

ROEBUCK BAY SERVICES ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 7 FEBRUARY 2014

Application for approval of the Roebuck Bay Services Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Roebuck Bay Services 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

The applicants, Roy Hill Pty Limited, sought approval for the Roebuck Bay Services Roy Hill AWU Greenfields Agreement 2014 from the Full Bench of the Fair Work Commission. The applicants sought to have the agreement approved under section 234 of the Fair Work Act 2009. The agreement was designed to establish a new enterprise for the provision of services to the Roy Hill iron ore project. The applicants argued that the agreement was necessary for the efficient operation of the project and that it provided fair and reasonable terms and conditions for the employees involved. The respondents, the Australian Workers' Union and the Australian Manufacturing Workers' Union, opposed the application on various grounds, including that the agreement did not provide adequate protections for employees.

The main legal issues before the Full Bench were whether the agreement provided fair and reasonable terms and conditions for employees and whether it was necessary for the efficient operation of the project. The Full Bench considered the provisions of the Fair Work Act and the principles of fairness and reasonableness that apply to the approval of enterprise agreements. The Full Bench also considered the evidence and submissions provided by the parties on the impact of the agreement on the employees and the project. After careful consideration, the Full Bench found that the agreement provided fair and reasonable terms and conditions for employees and that it was necessary for the efficient operation of the project.

The Full Bench found that the agreement provided for fair and reasonable terms and conditions for employees, including provisions for minimum wages and conditions, overtime, shift patterns, and leave entitlements. The Full Bench also found that the agreement provided for the establishment of a new enterprise that was necessary for the efficient operation of the project. The Full Bench considered the evidence and submissions provided by the parties and found that the agreement would not have an adverse impact on the employees or the project. The Full Bench also found that the agreement provided for adequate protections for employees, including provisions for dispute resolution and consultation. The Full Bench approved the agreement and made orders accordingly.

The Full Bench approved the Roebuck Bay Services Roy Hill AWU Greenfields Agreement 2014 and made orders for its registration and enforcement. The Full Bench found that the agreement provided fair and reasonable terms and conditions for employees and that it was necessary for the efficient operation of the project. The Full Bench also found that the agreement provided for adequate protections for employees and that it would not have an adverse impact on the employees or the project. The Full Bench approved the agreement and made orders for its registration and enforcement under section 235 of the Fair Work Act.

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Background to the litigation

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Legal Principle Established