Tasearth Pty Ltd

[2014] FWCA 2584

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasearth Pty Ltd
(AG2014/825)

TASEARTH PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 23 APRIL 2014

Application for approval of the Tasearth Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

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

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is three and a half years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Tasearth Pty Ltd, the Fair Work Commission was presented with an application to approve a new enterprise agreement between Tasearth Pty Ltd and the Australian Workers' Union. The dispute centred around the terms of the Tasearth Pty Ltd Roy Hill AWU Greenfields Agreement 2014, which aimed to govern the employment conditions for workers at the Roy Hill mine in Western Australia. The applicant, Tasearth Pty Ltd, sought the approval of the agreement to formalise the terms of employment, wages, and other conditions for the employees.

The legal issues before the commission involved ensuring that the agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the commission had to determine whether the agreement was a "better off overall test" (BOOT) agreement, meaning that the overall terms and conditions for the employees were no worse than those provided under the existing awards or agreements. The commission also had to consider whether the agreement was made in good faith and whether it was free from any improper influence or coercion.

The commission thoroughly examined the terms of the agreement and the evidence presented by both parties. It found that the agreement provided for fair and reasonable terms and conditions for the employees, meeting the BOOT criteria. The commission also confirmed that the agreement was made in good faith and without any improper influence or coercion. Consequently, the commission approved the Tasearth Pty Ltd Roy Hill AWU Greenfields Agreement 2014, making it a legally binding enterprise agreement.

The final orders of the commission included the approval of the Tasearth Pty Ltd Roy Hill AWU Greenfields Agreement 2014 as a lawful enterprise agreement, effective from the date of the decision. The agreement was to be registered by the parties with the Fair Work Commission and would govern the employment conditions for the relevant workers until the next agreed-upon review date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established