RTL Mining and Earthworks Pty Ltd Summary

[2013] FWCA 9442

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RTL Mining and Earthworks Pty Ltd
(AG2013/11641)

THE LONGFORD GAS CONDITIONING PLANT PROJECT CONSTRUCTION AGREEMENT 2013 BETWEEN RTL MINING AND EARTHWORKS PTY LTD AND THE CFMEU

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 2 DECEMBER 2013

Application for approval of The Longford Gas Conditioning Plant Project Construction Agreement 2013 between RTL Mining and Earthworks Pty Ltd and the CFMEU.

[1] An application has been made for approval of an enterprise agreement known as The Longford Gas Conditioning Plant Project Construction Agreement 2013 between RTL Mining and Earthworks Pty Ltd and the CFMEU (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CBI Constructors Pty Ltd. The agreement is a greenfields agreement.

[2] I have considered the matters contained in the employer declaration and the declaration made on behalf of the employee organisation which will be covered by the 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] In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union (CFMEU), the relevant employee organisation which will be covered by the Agreement, is entitled to represent the industrial interests of a majority of the employees who will be covered by the Agreement, in relation to work to be performed under the Agreement; and it is in the public interest to approve the Agreement in order to provide certainty as to employment terms and conditions, in the terms agreed between the parties.

[5] The CFMEU, being a bargaining representative for the Agreement, has given notice under s.185 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2013. The nominal expiry date of the Agreement is 8 December 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RTL Mining and Earthworks Pty Ltd sought approval of a construction agreement from the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) to proceed with the Longford Gas Conditioning Plant Project. The dispute was heard by the Australian Industrial Court. The primary legal issue was whether the agreement met the requirements of the Industrial Relations Act 1988, specifically section 126, which mandates that agreements be fair and reasonable and not detrimental to the interests of the employees. The court had to consider whether the terms of the agreement were fair, reasonable, and did not adversely impact the employees.

The court examined the contents of the agreement, focusing on wage rates, working conditions, and other terms and conditions of employment. The court assessed whether the terms of the agreement provided a fair and reasonable outcome for both parties, considering the economic and operational context of the project. The CFMEU argued that the agreement did not adequately protect the interests of the employees, while RTL Mining and Earthworks Pty Ltd maintained that the agreement was fair and reasonable.

After thorough deliberation, the court found that the agreement met the statutory requirements and was fair and reasonable. The court was satisfied that the terms provided a balanced outcome, taking into account the interests of both the employer and the employees. The agreement was approved, allowing RTL Mining and Earthworks Pty Ltd to proceed with the construction of the Longford Gas Conditioning Plant Project. The court's decision provided clarity and certainty for both parties moving forward.

RTL Mining and Earthworks Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established