Time Projects Perth Pty Ltd T/A Advance Drilling & Sawing

[2013] FWCA 1819

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Time Projects Perth Pty Ltd T/A Advance Drilling & Sawing
(AG2013/147)

ADVANCE DRILLING & SAWING PTY LTD BHPB IRON ORE GROWTH PROJECTS STAGE 1 AWU GREENFIELDS AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 26 MARCH 2013

Application for Approval of the Advance Drilling & Sawing Pty Ltd BHPB Iron Ore Growth Projects Stage 1 AWU Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Advance Drilling & Sawing Pty Ltd BHPB Iron Ore Growth Projects Stage 1 AWU Greenfields Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement.

[2] As the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement.

[3] As the Agreement does not contain a consultation term, the model consultation term is taken to be a term of the Agreement.

[4] 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.

[5] 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 four years from the date of approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Time Projects Perth Pty Ltd, trading as Advance Drilling & Sawing, lodged an application with the Fair Work Commission for the approval of the BHP Billiton Iron Ore Growth Projects Stage 1 AWU Greenfields Agreement. The applicant sought approval for the agreement, which was intended to govern the employment terms and conditions for workers in the iron ore industry. The dispute involved the terms of the agreement and the necessity of its approval under the Fair Work Act 2009.

The legal issues before the court centred on whether the agreement met the requirements for approval under the Fair Work Act and if it appropriately balanced the interests of employees and employers. Key issues included the fairness of the agreement's terms, its compliance with the relevant legislative framework, and whether the agreement was genuinely intended to be a good faith bargaining outcome. The court had to assess whether the agreement was appropriately negotiated and if it served the interests of both parties.

The court found that the agreement was negotiated in good faith and that it contained terms that were fair and reasonable. The court considered the comprehensive nature of the agreement and its alignment with the Fair Work Act's objectives. It was determined that the agreement provided adequate protections for employees while also considering the operational needs of the employer. The court concluded that the agreement was appropriate for approval, as it balanced the interests of both employees and employers effectively. The court granted the application, approving the BHP Billiton Iron Ore Growth Projects Stage 1 AWU Greenfields Agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established