DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rusca Bros Services Pty Ltd Roy Hill AWU Greenfields Agreement 2015
(AG2015/2433)

RUSCA BROS SERVICES PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 22 APRIL 2015

Application for approval of the Rusca Bros Services Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of a greenfields agreement known as the Rusca Bros Services Pty Ltd Roy Hill AWU Greenfields Agreement 2015 (Agreement). The application was made by Rusca Bros Services Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union are 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.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers the organisation.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 April 2015. The nominal expiry date of the Agreement is 21 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Rusca Bros Services Pty Ltd, sought approval of the Rusca Bros Services Pty Ltd Roy Hill AWU Greenfields Agreement 2015. The Australian Workers' Union was the respondent. The dispute involved the terms and conditions of employment for workers engaged by the applicant company in relation to a project at Roy Hill.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009 for modern awards and whether the agreement facilitated or improved the operation of the business. The Commission also had to consider whether the agreement was in the best interests of the employees and whether it provided for fair and reasonable terms and conditions.

The Commission found that the agreement met the requirements of the Fair Work Act 2009 and facilitated or improved the operation of the business. The terms of the agreement were deemed fair and reasonable, and the Commission was satisfied that it was in the best interests of the employees. The Commission approved the agreement, noting that it provided for a range of benefits for employees, including increased pay rates, improved working conditions, and enhanced job security.

The final orders of the Commission were that the Rusca Bros Services Pty Ltd Roy Hill AWU Greenfields Agreement 2015 be approved and registered as a single enterprise agreement under the Fair Work Act 2009. The agreement was to commence on 1 July 2015 and expire on 30 June 2020. The Commission also ordered that the agreement be published on the Fair Work Commission's website and that copies be provided to the parties involved.

Rusca Bros Services Pty Ltd Roy Hill AWU Greenfields Agreement 2015

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established