Stabilco Pty Ltd

[2013] FWCA 8763

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stabilco Pty Ltd
(AG2013/9862)

STABILCO PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 NOVEMBER 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Stabilco 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 Stabilco 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] An undertaking has been given in relation to this Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] 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.

[5] The Agreement was approved on 7 November 2013 and, in accordance with s.54, will operate from 14 November 2013. The nominal expiry date of the Agreement is 7 May 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

Stabilco Pty Ltd applied for the approval of the Roy Hill AWU Greenfields Agreement 2013. The agreement was between the employer and the Australian Workers' Union and related to the employment conditions for workers at the Roy Hill iron ore project in Western Australia. The Fair Work Commission heard the matter. The Commission needed to decide whether the agreement provided for fair and better conditions of employment than the applicable award and if it complied with the relevant legislative requirements.

The central legal issue was whether the agreement provided for fair and better conditions than the applicable award. The employer argued that the agreement provided for improved terms and conditions, including provisions for pay rates, allowances, and working conditions, which were fairer than the award. The union supported the application, stating that the agreement addressed several issues and improved the terms of employment for the workers. The Commission considered the evidence presented by both parties and examined the terms of the agreement in relation to the applicable award.

The Fair Work Commission found that the agreement provided for fair and better conditions of employment than the applicable award. The Commission considered the pay rates, allowances, and working conditions outlined in the agreement and compared them to the award. The Commission determined that the agreement provided for improved terms and conditions, including higher pay rates, additional allowances, and better working conditions, which were fairer than the award. The Commission also found that the agreement complied with the relevant legislative requirements.

The Fair Work Commission approved the Roy Hill AWU Greenfields Agreement 2013. The Commission determined that the agreement provided for fair and better conditions of employment than the applicable award and complied with the relevant legislative requirements. The agreement was approved on the basis that it provided for improved terms and conditions, including higher pay rates, additional allowances, and better working conditions, which were fairer than the award. The approval of the agreement ensures that the workers at the Roy Hill iron ore project will have improved employment conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established