DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aditya Birla Minerals Birla t/a Nifty Pty Ltd
(AG2015/5144)

BIRLA NIFTY PTY LTD ENTERPRISE AGREEMENT SEPTEMBER 2015

Mining industry
COMMISSIONER ROE	MELBOURNE, 14 OCTOBER 2015

Application for approval of the Birla Nifty Pty Ltd Enterprise Agreement September 2015.

[1] An application has been made for approval of an enterprise agreement known as the Birla Nifty Pty Ltd Enterprise Agreement September 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aditya Birla Minerals Birla t/a Nifty 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 14 October 2015 and, in accordance with s.54, will operate from 21 October 2015. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Aditya Birla Minerals Birla t/a Nifty Pty Ltd was the subject of an application for approval of the Birla Nifty Pty Ltd Enterprise Agreement September 2015. The application was heard in the Fair Work Commission. The primary dispute centred around whether the enterprise agreement met the criteria for registration under the Fair Work Act 2009.

The legal issues that the court needed to address included whether the agreement was genuinely a bargain between the employer and employees, whether it contained all the required terms as per the Fair Work Act, and if it was procedurally sound. The court had to verify that the agreement had been made in good faith, that employees had been adequately informed, and that there was sufficient consultation. Additionally, the court needed to ensure that the agreement did not contravene any provisions of the Fair Work Act.

In its reasoning, the Fair Work Commission confirmed that the agreement was genuinely a bargain as it contained terms negotiated between the employer and the employees. The court found that the agreement contained all the necessary terms as required by the Fair Work Act and that it had been made in good faith. The court also noted that there was adequate consultation and that employees had been sufficiently informed about the agreement. Consequently, the court approved the enterprise agreement and registered it, finding that it met all the legal requirements under the Fair Work Act. The decision was made to uphold the agreement, ensuring it would be effective in governing the employment terms of the parties involved.

Aditya Birla Minerals Birla t/a Nifty 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