DECISION

Fair Work Act 2009
s.185—Enterprise agreement

YY Engineering Pty Ltd
(AG2015/1334)

YY ENGINEERING PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 JUNE 2015

Application for approval of the YY Engineering Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of a greenfields agreement known as the YY Engineering Pty Ltd Roy Hill AWU Greenfields Agreement 2015 (Agreement). The application was made by YY Engineering Pty Ltdpursuant 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] 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] 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 this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2014. The nominal expiry date of the Agreement is 5 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, YY Engineering Pty Ltd applied for approval of the Roy Hill AWU Greenfields Agreement 2015. The dispute centred around the terms and conditions of employment within the agreement, specifically in relation to the provisions regarding the employment of labour hire employees. The Australian Workers' Union (AWU) contested certain aspects of the agreement, arguing they did not adequately protect the rights and conditions of the employees.

The central legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act 2009. These criteria included whether the agreement provided for fair and reasonable terms and conditions, and whether it allowed for the proper operation of the business. The Commission had to examine the provisions concerning the employment of labour hire employees, considering whether they provided adequate protections and whether they complied with existing workplace laws.

In its decision, the Commission carefully reviewed the terms of the agreement and the submissions from both parties. It found that while most provisions of the agreement met the required standards, certain clauses relating to labour hire employees did not adequately safeguard their rights and conditions. The Commission considered that these provisions did not provide the necessary protections and therefore did not meet the criteria for approval. Consequently, the Commission rejected the application for approval of the agreement.

The Commission ordered that the agreement not be approved and directed the parties to return to negotiations to address the deficiencies identified. This decision underscored the importance of ensuring that workplace agreements provide fair and reasonable terms and conditions for all employees, particularly those engaged through labour hire arrangements.

YY Engineering Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established