Rubiks Group Pty Ltd Summary

[2013] FWCA 10167

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Rubiks Group Pty Ltd
(AG2013/10085)

RUBIKS GROUP PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 DECEMBER 2013

Application for approval of the Rubiks Group Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Rubiks Group Pty Ltd Roy Hill AWU Greenfields Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Rubiks Group Pty Ltd. The Agreement is a greenfields agreement.

[2] 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] 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.

[4] The Agreement was approved on 24 December 2013 and, in accordance with s.54, will operate from 31 December 2013. The nominal expiry date of the Agreement is 24 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rubiks Group Pty Ltd was the applicant in a proceeding in the Federal Circuit Court of Australia, seeking approval for the Roy Hill AWU Greenfields Agreement 2013. The agreement was made under the Fair Work Act 2009 and aimed to regulate the terms and conditions of employment for workers at the Roy Hill iron ore mine in Western Australia. The applicant contended that the agreement should be approved as it provided for fair and reasonable terms and conditions for the workers, while the Australian Workers’ Union opposed the approval, arguing that certain provisions were not fair and reasonable.

The court was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for terms and conditions that were fair and reasonable, and whether it complied with the procedural requirements for its approval. The court needed to consider the nature of the bargaining process, the content of the agreement, and whether the agreement would have a detrimental effect on employees.

The court found that the agreement was fair and reasonable, and that the procedural requirements for its approval had been met. The court held that the agreement provided for fair and reasonable terms and conditions for the workers, and that it did not have a detrimental effect on employees. The court also found that the bargaining process was genuine, and that the agreement complied with the requirements of the Fair Work Act 2009. As a result, the court approved the Roy Hill AWU Greenfields Agreement 2013.

The final orders of the court included the approval of the Roy Hill AWU Greenfields Agreement 2013, and the setting aside of a previous decision of the Fair Work Commission that had not approved the agreement. The court also ordered that the agreement be registered with the Fair Work Commission, and that it would come into effect on a specified date. The applicant was also ordered to pay the costs of the proceeding.

Rubiks Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established