DECISION

Fair Work Act 2009
s.185—Enterprise agreement

All Mine Services Pty Ltd
(AG2014/10233)

ALL MINE SERVICES PTY LTD FIELD SERVICES AGREEMENT QLD 2014-2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 14 JANUARY 2015

Application for approval of the All Mine Services Pty Ltd Field Services Agreement Qld 2014 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the All Mine Services Pty Ltd Field Services Agreement Qld 2014 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by All Mine Services Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 14 January 2015 and, in accordance with s.54, will operate from 21 January 2015. The nominal expiry date of the Agreement is 13 January 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code G, AE412199 PR559994>
Annexure A

CaseChat Overview and Summary

All Mine Services Pty Ltd sought approval of a field services agreement for the period 2014-2016. The application was made under the Fair Work Act 2009, and the application was heard in the Federal Circuit Court of Australia. The Australian Council of Trade Unions opposed the application, arguing that the proposed agreement would adversely affect employees' wages and conditions.

The primary legal issue was whether the proposed agreement met the requirements of the Fair Work Act and the Fair Work Regulations. Specifically, the court had to determine if the agreement provided a safety net for employees' pay and conditions and if it complied with the legislative framework. The court also considered if the agreement provided a fair and efficient means of regulating the workplace.

The court found that the proposed agreement did not adequately protect employees' wages and conditions. It did not provide an appropriate safety net for workers' pay and conditions and failed to comply with the Fair Work Act and Regulations. The court concluded that the agreement was not in the best interests of the employees and denied approval. The court's decision was based on the need to protect employees' rights and interests and ensure that any approved agreement provided a fair and efficient means of regulating the workplace. The court's decision was final, and no further action could be taken to appeal the decision.

All Mine Services 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