Action Drill & Blast Pty Ltd

[2013] FWCA 9916

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Action Drill & Blast Pty Ltd
(AG2013/11821)

ACTION DRILL & BLAST ENTERPRISE AGREEMENT 2013

Mining industry
COMMISSIONER WILLIAMS	PERTH, 19 DECEMBER 2013

Application for approval of the Action Drill & Blast Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Action Drill & Blast Enterprise Agreement 2013 (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 of the Act 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 26 December 2013. The nominal expiry date of the Agreement is 19 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Action Drill & Blast Pty Ltd applied to the Fair Work Commission for approval of the Action Drill & Blast Enterprise Agreement 2013, which was to apply to its employees. The Australian Manufacturing Workers' Union opposed the application, arguing that the proposed agreement did not meet the requirements of the Fair Work Act 2009. The dispute centred around the procedural fairness and the substantive provisions of the proposed agreement, including issues related to pay rates, conditions of employment, and the process by which the agreement was negotiated.

The legal issues before the commission were whether the agreement was made in accordance with the relevant provisions of the Fair Work Act, and whether it contained the necessary good faith bargaining elements. Additionally, the commission needed to determine if the agreement provided adequate protections and benefits for the employees and if the process of negotiation was fair and transparent. The union argued that the agreement did not provide sufficient protections for employees, particularly in relation to overtime and shift penalties, and that the negotiation process was flawed.

In delivering its decision, the commission found that the agreement was made in good faith and that the negotiation process was procedurally fair. The commission noted that the parties had engaged in extensive bargaining and that the union had been given ample opportunity to present its views. The commission also found that the agreement contained provisions that were fair and reasonable in all the circumstances, providing adequate protections and benefits for the employees. The commission approved the agreement, noting that it met the requirements of the Fair Work Act.

The commission's decision was based on a detailed analysis of the evidence and arguments presented by both parties. The commission found that the agreement was fair and reasonable, and that it met the requirements of the Fair Work Act. The union's concerns about the agreement were addressed and the commission was satisfied that the agreement provided adequate protections for the employees. The commission approved the Action Drill & Blast Enterprise Agreement 2013, which will now apply to the employees of Action Drill & Blast Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established