Action Drill & Blast Pty Ltd Summary

[2024] FWCA 2008

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Action Drill & Blast Pty Ltd

(AG2024/1665)

ACTION DRILL & BLAST ENTERPRISE AGREEMENT 2024

Mining industry
DEPUTY PRESIDENT BELL	MELBOURNE, 31 MAY 2024

Application for approval of the Action Drill & Blast Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Action Drill & Blast Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Action Drill & Blast Pty Ltd. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 21 August 2023 and the Agreement was made on 4 May 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Agreement was approved on 31 May 2024 and, in accordance with s.54 of the Act, will operate from 7 June 2024. The nominal expiry date of the Agreement is 30 May 2028.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Action Drill & Blast Pty Ltd, an Australian company, applied to the Fair Work Commission for approval of the Action Drill & Blast Enterprise Agreement 2024. The application arose from negotiations between the company and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union. The nature of the dispute centred on the terms and conditions of employment as outlined in the proposed enterprise agreement. The Fair Work Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided adequate protection for employee rights, whether it complied with the requirements of the Fair Work Act, and whether it adhered to the principles of procedural fairness. The Commission had to consider the balance between the rights of the employees and the operational needs of the employer, ensuring that the agreement did not unjustifiably disadvantage any party. Additionally, the Commission needed to confirm that the agreement was made without coercion, duress, or unfair labour practices, and that it was negotiated in good faith.

In its decision, the Fair Work Commission carefully examined the terms of the proposed agreement and the process by which it was negotiated. The Commission found that the agreement met the statutory requirements and adequately protected the rights of the employees. It determined that the negotiation process was conducted in good faith and without any unfair practices. The Commission was satisfied that the agreement provided a fair and reasonable outcome for both the employer and the employees, and thus approved the Action Drill & Blast Enterprise Agreement 2024. The approval of the agreement ensures that the terms and conditions of employment are legally binding and enforceable.

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