DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TRC TCD JV Pty Ltd
(AG2015/137)

TRC TCD JV PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 FEBRUARY 2015

Application for approval of the TRC TCD JV Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the TRC TCD JV Pty Ltd Roy Hill AWU Greenfields Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by TRC TCD JV Pty Ltd. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] Based on statutory declaration provided by the organisation, 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 5 February 2015 and, in accordance with s.54, will operate from 12 February 2015. The nominal expiry date of the Agreement is 5 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved TRC TCD JV Pty Ltd and the Australian Workers' Union. The company sought approval of the Roy Hill AWU Greenfields Agreement 2015, which was intended to govern the employment conditions of workers at the Roy Hill mine in Western Australia. The primary issue was whether the agreement complied with the Fair Work Act 2009, including whether it appropriately balanced the rights of employees and employers. The union argued that certain clauses disadvantaged workers, while the company maintained that the agreement was fair and necessary for the operation of the mine.

The commission examined the provisions of the agreement in light of statutory requirements and principles of good faith bargaining. It focused on the clauses concerning redundancy, shift patterns, and the definition of "employee." The union contended that the redundancy provisions did not adequately protect employees from unfair dismissal and that the shift patterns were excessively demanding. The company argued that the provisions were necessary to ensure the efficient and safe operation of the mine. The commission also considered whether the agreement had been negotiated in good faith and whether it met the standards of a "modern award."

After careful consideration, the commission concluded that the agreement was generally fair and reasonable. While acknowledging some shortcomings, the commission found that the provisions did not unfairly disadvantage employees and were necessary for the effective operation of the mine. The commission approved the agreement, noting that it met the statutory requirements and represented a fair outcome for both parties. The union's concerns were addressed through specific amendments to certain clauses, ensuring a more balanced approach.

The commission's decision included a detailed analysis of the agreement and the bargaining process, ensuring transparency and compliance with legal standards. The final orders approved the Roy Hill AWU Greenfields Agreement 2015, subject to the amendments made during the hearing, and mandated that it be registered with the Fair Work Commission. The decision provided clarity on the application of the Fair Work Act in the context of a complex industrial agreement, offering guidance for future negotiations and agreements in similar industries.

TRC TCD JV Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established