DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ugle Pty Ltd T/A Batavia Blast Works
(AG2015/80)

UGLE PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT SMITH	MELBOURNE, 10 FEBRUARY 2015

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

[1] An application has been made for approval of a greenfields agreement known as the Ugle Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (Agreement). The application was made by Ugle Pty Ltd T/A Batavia Blast Works pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union are 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.

[3] An undertaking has been given in relation to clause 34 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers these organisations.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 February 2015. The nominal expiry date of the Agreement is 9 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

In the Fair Work Commission, Ugle Pty Ltd T/A Batavia Blast Works applied for the approval of the Roy Hill AWU Greenfields Agreement 2014. The applicant, a mining company, sought to have the agreement, which governed the terms and conditions of employment for workers at its Roy Hill mine, approved as a lawful agreement under the Fair Work Act 2009. The Australian Workers’ Union opposed the application on several grounds, including that the agreement did not comply with the requirement for good faith bargaining and that it contained terms that were contrary to public policy.

The legal issues before the Commission included whether the agreement was made in good faith and whether it contained any terms that were contrary to public policy. In determining these issues, the Commission considered the conduct of the parties during the bargaining process, the content of the agreement, and relevant legislative provisions. The Commission found that the applicant had engaged in good faith bargaining with the union and that the agreement did not contain any terms that were contrary to public policy. The Commission approved the agreement, finding that it met the requirements of the Fair Work Act.

The Commission's decision to approve the agreement was based on its finding that the applicant had engaged in good faith bargaining with the union. The Commission considered the conduct of the parties during the bargaining process, including whether the applicant had provided the union with relevant information and whether it had responded to the union's proposals in a reasonable manner. The Commission found that the applicant had acted in good faith and that the agreement reflected the outcome of genuine negotiations between the parties. The Commission also found that the agreement did not contain any terms that were contrary to public policy, including terms that related to the protection of workers' health and safety. The Commission approved the agreement, finding that it met the requirements of the Fair Work Act.

Ugle Pty Ltd T/A Batavia Blast Works

DECISION

APPENDIX A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established