Summit Tower Hire Pty Ltd Summary

[2014] FWCA 5935

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Summit Tower Hire Pty Ltd
(AG2014/1842)

SUMMIT TOWER HIRE PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 AUGUST 2014

Application for approval of the Summit Tower Hire Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Summit Tower Hire Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Summit Tower Hire 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] 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.

[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 27 August 2014 and, in accordance with s.54, will operate from 3 September 2014. The nominal expiry date of the Agreement is 27 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Summit Tower Hire Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement with the Australian Workers' Union. The agreement related to the operation of the Roy Hill mine in Western Australia. The dispute arose from a disagreement over the terms of the agreement and its implications for the employees. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal criteria for approval.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement was "not contrary to the public interest," as required by section 234 of the Act. The Commission also considered whether the agreement met the requirements for "good faith" bargaining, as outlined in section 176 of the Act. Additionally, the Commission had to determine whether the agreement provided for proper consultation with employees and the union, in line with section 172 of the Act.

In its decision, the Commission noted that the agreement had been negotiated in good faith and that the parties had complied with the necessary consultation processes. The Commission found that the agreement did not pose any risks to the public interest and that it provided for fair and reasonable terms for the employees. The Commission was satisfied that the agreement met all the legal criteria for approval. The Commission approved the enterprise agreement, allowing it to come into effect as of the specified date.

The Commission's final order was that the Summit Tower Hire Pty Ltd Roy Hill AWU Greenfields Agreement 2014 be approved and registered under the Fair Work Act 2009. The agreement was to take effect from the date of the Commission's decision, providing a framework for the operation of the Roy Hill mine and the employment of workers at the site. The Commission's decision provided clarity and certainty for the parties involved, allowing the agreement to be implemented and the mine to continue its operations.

Summit Tower Hire Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established