DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Action Drill & Blast Pty Ltd
(AG2020/823)

ACTION DRILL & BLAST ENTERPRISE AGREEMENT 2020

Mining industry
COMMISSIONER WILLIAMS	PERTH, 8 APRIL 2020

Application for approval of the Action Drill & Blast Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Action Drill & Blast Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Action Drill & Blast Pty Ltd. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2020. The nominal expiry date of the Agreement is 7 April 2024.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Action Drill & Blast Pty Ltd was involved in a dispute concerning the approval of the Action Drill & Blast Enterprise Agreement 2020, which was heard by the Fair Work Commission. The matter was brought before the tribunal to determine whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. The applicant, Action Drill & Blast Pty Ltd, sought approval for the agreement, while the Fair Work Commission examined whether the agreement complied with the requirements of the Act.

The primary legal issues the Fair Work Commission had to resolve were whether the enterprise agreement contained all the mandated terms and conditions, including the minimum entitlements as per the National Employment Standards, and whether it was fairly negotiated. Additionally, the tribunal needed to assess if the agreement was appropriately certified by an independent certifier as being free from any improper conduct or coercion.

In its decision, the Fair Work Commission considered the evidence and submissions presented by both parties. The tribunal found that the enterprise agreement complied with the legislative requirements, including the inclusion of all mandated terms and conditions, and was fairly negotiated. The Commission also accepted that the agreement had been properly certified. Consequently, the Fair Work Commission approved the Action Drill & Blast Enterprise Agreement 2020, finding it met all the necessary criteria under the Fair Work Act.

The Fair Work Commission ordered that the Action Drill & Blast Enterprise Agreement 2020 be approved. The agreement, which outlines the terms and conditions of employment for the employees of Action Drill & Blast Pty Ltd, is now legally binding and will govern the employment relationship between the company and its employees until it is superseded by a new enterprise agreement or otherwise terminated in accordance with the Fair Work Act.

Action Drill & Blast 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