Albem Operations Pty Ltd

[2014] FWCA 8272

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Albem Operations Pty Ltd
(AG2014/8123)

ALBEM OPERATIONS PTY LTD GENERAL ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 19 NOVEMBER 2014

Application for approval of the Albem Operations Pty Ltd General Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 10 November 2014 by Albem Operations Pty Ltd for the approval of a single-enterprise agreement known as the Albem Operations Pty Ltd General Enterprise Agreement 2014(“the 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 will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Albem Operations Pty Ltd, a company involved in the coal mining industry, applied to the Fair Work Commission for the approval of the Albem Operations Pty Ltd General Enterprise Agreement 2014. The dispute arose because certain unions representing the employees had lodged objections to the agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement complied with the procedural requirements for registration, if it adhered to the good faith bargaining obligations, and if it contained provisions that were fair and reasonable for the employees. Additionally, the Commission considered whether the agreement appropriately addressed the terms and conditions of employment, including wages, hours of work, and other employment-related matters.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, determined that the agreement did meet the necessary criteria. The Commission found that the procedural requirements for registration had been satisfied, and that the agreement was the product of good faith bargaining. The Commission also concluded that the terms and conditions of employment within the agreement were fair and reasonable. Consequently, the objections to the agreement were dismissed, and the application for approval was granted.

The Fair Work Commission approved the Albem Operations Pty Ltd General Enterprise Agreement 2014, thereby allowing it to be registered and enforceable under the Fair Work Act 2009. The Commission's decision was based on the finding that the agreement met the necessary legal criteria and was beneficial to both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established