TR7 Pty Ltd

[2014] FWCA 1011

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TR7 Pty Ltd
(AG2014/248)

TR7 PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 11 FEBRUARY 2014

Application for approval of the TR7 Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the TR7 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

TR7 Pty Ltd, a company involved in the Roy Hill mining project, sought approval of the TR7 Pty Ltd Roy Hill AWU Greenfields Agreement 2014. The application was brought before the Fair Work Commission (FWC) to determine if the agreement was suitable for approval under the Fair Work Act 2009. The Australian Workers' Union (AWU) and TR7 were the parties involved in the dispute, with the AWU arguing that certain provisions of the agreement were not in the best interests of the employees.

The primary legal issue before the FWC was whether the agreement met the requirements of the Fair Work Act and provided a safety net for employees. Specifically, the AWU raised concerns about the agreement's provisions on working hours, shift patterns, and redundancy provisions. The FWC had to consider whether these provisions were consistent with the Act and whether they provided a safety net for employees, ensuring that they were not worse off than they would be under the applicable awards or other registered agreements.

In considering the application, the FWC examined the provisions of the agreement in detail and assessed whether they provided an appropriate balance between the needs of the employer and the interests of the employees. The FWC concluded that the agreement did meet the requirements of the Fair Work Act and provided a safety net for employees. The FWC found that the provisions on working hours, shift patterns, and redundancy were reasonable and did not place employees in a worse position than they would be under the applicable awards or other registered agreements. The FWC approved the agreement, finding that it was in the best interests of the employees and met the requirements of the Fair Work Act.

The FWC's approval of the TR7 Pty Ltd Roy Hill AWU Greenfields Agreement 2014 provides clarity and certainty for both the employer and employees involved in the Roy Hill mining project. The decision highlights the importance of ensuring that any agreement between an employer and employees meets the requirements of the Fair Work Act and provides a safety net for employees. The approval of this agreement sets a precedent for future agreements in the mining industry and ensures that employees are protected under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established