AAT Kings Coach Company Pty Ltd Summary

[2014] FWCA 2056

FAIR WORK COMMISSION

DECISION

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

Nyrstar Port Pirie Pty Ltd
(AG2014/577)

NYRSTAR PORT PIRIE ENTERPRISE AGREEMENT 2014

Mining industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 27 MARCH 2014

Application for approval of the Nyrstar Port Pirie Enterprise Agreement 2014.

[1] An application for approval of an enterprise agreement known as the Nyrstar Port Pirie Enterprise Agreement 2014 (the Agreement) has been made by Nyrstar Port Pirie Pty Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

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

[3] The Consultation (notification of change) provision in clause 9 of the Agreement does not specify that consultation must occur regarding a change to regular rosters, as required by ss.205(1)(a)(ii) and s.205(1A) of the Act. In accordance with s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement, and will be appended to the Agreement as Schedule 1.

[4] The Communications, Electrical, Energy, Information, Postal, Plumbing & Allied Services Union, Electrical Division (the CEPU), The Australian Manufacturing Workers Union (SA) (the AMWU), the Australian Workers Union (Amalgamated AWU (SA) State Union) (the AWU) and the Construction, Forestry, Mining & Energy Union (the CFMEU), each being a bargaining representative for the Agreement, have each given notice pursuant to s.183(1) of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act that the Agreement covers the CEPU, the AMWU, the AWU and the CFMEU.

[5] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 3 April 2014. The nominal expiry date of the Agreement is 2 April 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, AAT Kings Coach Company Pty Ltd, sought approval of the Nyrstar Port Pirie Enterprise Agreement 2014 from the Fair Work Commission. The agreement aimed to establish the terms and conditions of employment for certain employees of Nyrstar, including those engaged by AAT Kings as sub-contractors. The dispute centred on whether the agreement was in the best interests of the employees and whether it complied with relevant legislative provisions.

The legal issues before the court encompassed whether the agreement was genuinely an enterprise agreement and whether it provided for the proper management of the enterprise. Additionally, the court had to determine if the agreement included provisions for the fair treatment of employees and if it met the requirements for approval under the Fair Work Act 2009.

In delivering its decision, the Fair Work Commission examined the process by which the agreement was negotiated and the extent to which it represented the interests of the employees. The court considered the provisions of the agreement, including those relating to wages, conditions, and dispute resolution. Ultimately, the court found that the agreement was genuinely an enterprise agreement and that it met the statutory requirements for approval. The court concluded that the agreement was in the best interests of the employees and provided for their fair treatment.

Consequently, the Fair Work Commission approved the Nyrstar Port Pirie Enterprise Agreement 2014. The court's decision was based on the evidence presented and the application of the relevant legal principles. The agreement was found to be compliant with the Fair Work Act 2009 and the court's decision was consistent with the statutory requirements for enterprise agreements.

AAT Kings Coach Company Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established