4BU Mining Services Pty Ltd

[2014] FWCA 908

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

4BU Mining Services Pty Ltd
(AG2013/12234)

4BU MINING SERVICES ENTERPRISE AGREEMENT 2013

Mining industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 5 FEBRUARY 2014

4BU Mining Services Enterprise Agreement 2013.

[1] 4BU Mining Services Pty Ltd applies for approval of an enterprise agreement known as the 4BU Mining Services Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] On 5 February 2014 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the case of 4BU Mining Services Pty Ltd involved a dispute between the employer and the employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The primary issue at hand was whether the 4BU Mining Services Enterprise Agreement 2013 was validly terminated by the employer. The employees argued that the termination was not valid, and they sought reinstatement of the agreement.

The legal issues before the court were the validity of the employer's termination of the enterprise agreement and the proper procedures required for such termination. Specifically, the court had to determine whether the employer followed the correct process under the Fair Work Act 2009 and whether the agreement's termination complied with the statutory requirements. The court also needed to assess whether the employer's actions were reasonable and in good faith, as required by the Act.

The court examined the procedural fairness and the substantive requirements for terminating an enterprise agreement. It concluded that the employer did not follow the necessary steps under the Act, as it did not provide the required notice and did not make a genuine attempt to negotiate the terms of the agreement. The court found that the employer's actions were not reasonable or in good faith. Consequently, the court ruled that the termination of the enterprise agreement was invalid. The court reinstated the 4BU Mining Services Enterprise Agreement 2013, effectively nullifying the employer's termination.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established