Wild Energy Pty Ltd

[2014] FWCA 1371

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wild Energy Pty Ltd
(AG2013/12162)

WILD ENERGY PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 FEBRUARY 2014

Application for approval of the Wild Energy Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Wild Energy Pty Ltd Roy Hill AWU Greenfields Agreement 2013(Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Wild Energy Pty Ltd. The Agreement is a greenfields agreement.

[2] 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] 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.

[4] The Agreement was approved on 25 February 2014 and, in accordance with s.54, will operate from 4 March 2014. The nominal expiry date of the Agreement is 25 August 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wild Energy Pty Ltd applied for approval of the Wild Energy Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The Fair Work Commission was tasked with deciding whether the agreement provided for fair and reasonable terms and conditions for employees. The dispute centred on several provisions, including the classification of employees, the handling of shift penalties, and the management of working hours. The applicants argued that the agreement was necessary to ensure a smooth operation of the Roy Hill mine, while the respondents contended that it would adversely affect employees' conditions.

The Commission examined whether the agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing if the agreement provided for fair and reasonable terms and conditions, considering the overall balance of the agreement. The Commission found that the agreement, while not perfect, did not unjustifiably disadvantage employees and was necessary to maintain operational efficiency. The classification of employees and the handling of shift penalties were deemed reasonable, and the management of working hours was found to be fair given the unique circumstances of the mining industry.

After careful consideration, the Commission approved the agreement. The court found that the provisions in question were reasonable and necessary for the effective operation of the mine. The approval was granted, subject to certain conditions aimed at protecting employees' rights. The final orders included the approval of the agreement with specified conditions, ensuring that the agreement would operate fairly and reasonably for the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established