DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Triton Transport Services
(AG2015/404)

TRITON TRANSPORT SERVICES PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 MARCH 2015

Application for approval of the Triton Transport Services Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Triton Transport Services 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 Triton Transport Services 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 3 March 2015 and, in accordance with s.54, will operate from 10 March 2015. The nominal expiry date of the Agreement is 3 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Transport Workers Union of Australia filed an application seeking the approval of a new enterprise agreement between Triton Transport Services Pty Ltd and the Australian Workers' Union (Greenfields). The agreement was intended to regulate the terms and conditions of employment for workers at the Roy Hill iron ore mine in Western Australia. The union argued that the agreement provided fair and reasonable terms for the employees, while Triton Transport Services contested certain provisions, particularly those related to pay rates and working conditions.

The legal issues before the Commission centred on whether the agreement met the statutory requirements under the Fair Work Act 2009 for a Greenfields agreement. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, and whether it was certified without direct or indirect compulsion or pressure. The Commission also had to assess if the agreement was procedurally sound, considering the process by which it was negotiated and the manner in which the employees' views were taken into account.

After thorough examination, the Commission found that the agreement met the statutory requirements for a Greenfields agreement. The Commission was satisfied that the terms and conditions were fair and reasonable, and that the agreement was certified without any element of coercion. The Commission noted that the negotiation process was transparent, and that there was sufficient evidence of employee consultation and participation. Consequently, the Commission approved the agreement, highlighting the importance of such agreements in setting the terms and conditions for new workplaces in a manner that is fair to both employers and employees.

The final orders of the Commission included the approval of the Triton Transport Services Pty Ltd Roy Hill AWU Greenfields Agreement 2015, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms for the workers at the Roy Hill mine. The decision underscored the Commission's role in ensuring that new enterprise agreements provide fair and reasonable terms, while also facilitating the establishment of new workplaces in a manner that is beneficial to all parties involved.

Triton Transport Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established