DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vector Lifting
(AG2015/400)

VECTOR LIFTING ROY HILL AWU GREENFIELDS AGREEMENT 2015

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

Application for approval of the Vector Lifting Roy Hill AWU Greenfields Agreement 2015.

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

Vector Lifting, the employer, applied to the Fair Work Commission for approval of the Vector Lifting Roy Hill AWU Greenfields Agreement 2015. The Australian Workers' Union (AWU) and the employer had entered into an enterprise agreement which outlined the terms and conditions of employment for the workers employed at the Roy Hill mine. The AWU sought approval of the agreement under section 231 of the Fair Work Act 2009, claiming that it was a simple, fair, and efficient agreement. The Commission had to determine whether the agreement met the requirements for approval under the Act, specifically whether it was a simple, fair, and efficient agreement.

The central legal issue was whether the agreement met the statutory criteria for being a simple, fair, and efficient agreement. The Commission considered the nature of the agreement, the process by which it was negotiated, and the extent to which it complied with the requirements of the Act. The Commission also considered whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it provided for appropriate mechanisms for resolving disputes.

The Commission found that the agreement met the statutory criteria for being a simple, fair, and efficient agreement. The Commission noted that the agreement was straightforward and easy to understand, and that it provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement provided for appropriate mechanisms for resolving disputes, including a dispute resolution procedure that was fair and efficient. The Commission was satisfied that the agreement had been negotiated in good faith, and that it was in the best interests of the employees.

The Commission approved the agreement under section 231 of the Act. The employer and the AWU were directed to take all necessary steps to give effect to the agreement, including by providing a copy of the approved agreement to the Minister for Fair Work. The agreement was registered with the Commission, and became a registered agreement under the Act.

Vector Lifting

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established