AGR Management Services Pty Ltd

[2014] FWCA 5865

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AGR Management Services Pty Ltd
(AG2014/1605)

AGR MANAGEMENT SERVICES PTY LTD ENTERPRISE AGREEMENT 2014

Mining industry
COMMISSIONER WILLIAMS	PERTH, 27 AUGUST 2014

Application for approval of the AGR Management Services Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the AGR Management Services Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AGR Management Services 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 does not contain a flexibility term. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[4] The Agreement does not contain a consultation term. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 2 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 September 2014. The nominal expiry date of the Agreement is 27 August 2018.

COMMISSIONER

1 Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009.

2 Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, AGR Management Services Pty Ltd, an employer, sought approval of the AGR Management Services Pty Ltd Enterprise Agreement 2014. The application was made by the employer under section 233 of the Fair Work Act 2009. The nature of the dispute pertained to whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act, specifically focusing on the minimum entitlements and the process followed in negotiating the agreement.

The court was required to determine if the enterprise agreement met the statutory requirements for approval, including whether it provided for minimum rates of pay and conditions, whether it had been genuinely negotiated, and whether it adhered to the procedural requirements outlined in the Act. Additionally, the court examined if the agreement was in the best interest of the employees and if it complied with the good faith bargaining provisions.

In delivering its decision, the Fair Work Commission found that the enterprise agreement did provide for the minimum entitlements as required by the Act. The Commission was satisfied that the agreement had been genuinely negotiated between the employer and the employees, and that the process followed was in accordance with the statutory requirements. Furthermore, the Commission determined that the agreement was in the best interest of the employees, as it offered them improved conditions and benefits. Consequently, the Fair Work Commission approved the AGR Management Services Pty Ltd Enterprise Agreement 2014, affirming that it met all the necessary legal standards for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established