Yamatji Mining and Civil Pty Ltd Summary

[2013] FWCA 8767

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yamatji Mining and Civil Pty Ltd
(AG2013/9828)

YAMATJI MINING AND CIVIL PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 NOVEMBER 2013

Application for approval of the Yamatji Mining and Civil Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Yamatji Mining and Civil 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 Yamatji Mining and Civil 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] An undertaking has been given in relation to this 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] 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 7 November 2013 and, in accordance with s.54, will operate from 14 November 2013. The nominal expiry date of the Agreement is 7 May 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

The applicant, Yamatji Mining and Civil Pty Ltd, sought approval of a workplace agreement from the Fair Work Commission. The agreement in question was the Yamatji Mining and Civil Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The agreement aimed to establish terms and conditions of employment for workers engaged in the Roy Hill mining project. The dispute centred on whether the agreement met the statutory requirements for approval and whether it complied with relevant Australian labour laws.

The key legal issues before the court were whether the agreement was made in accordance with the necessary processes and whether it provided for the terms and conditions of employment of the employees as required by the Fair Work Act 2009. Specifically, the court had to determine if the agreement was genuinely negotiated, if it contained all the mandatory terms and conditions, and if it complied with the provisions of the Fair Work Act. Additionally, the court considered if the agreement was fair and reasonable in all its aspects.

The court found that the agreement had been genuinely negotiated and contained all the mandatory terms and conditions as required by the Fair Work Act. It was noted that the agreement was made in a transparent process and that the terms were not unreasonable. The court was satisfied that the agreement met the statutory requirements and did not contravene any provisions of the Act. Consequently, the court approved the Yamatji Mining and Civil Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

The Fair Work Commission approved the Yamatji Mining and Civil Pty Ltd Roy Hill AWU Greenfields Agreement 2013, finding it to be genuinely negotiated and compliant with the Fair Work Act. This decision allows the agreement to be enforced as the terms and conditions of employment for the workers involved in the Roy Hill mining project.

Yamatji Mining and Civil Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established