Australian Belt Scrapers Pty Ltd

[2014] FWCA 134

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Belt Scrapers Pty Ltd
(AG2013/10448)

AUSTRALIAN BELT SCRAPERS PTY LTD ENTERPRISE AGREEMENT 2013

Mining industry
COMMISSIONER WILLIAMS	PERTH, 8 JANUARY 2014

Application for approval of the Australian Belt Scrapers Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Australian Belt Scrapers Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Belt Scrapers 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 is approved and, in accordance with s.54 of the Act, will operate from 15 January 2014. The nominal expiry date of the Agreement is 8 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Australian Belt Scrapers Pty Ltd, applied to the Fair Work Commission for the approval of the Australian Belt Scrapers Pty Ltd Enterprise Agreement 2013. The applicant sought to have the agreement declared as a single, national workplace determination. The application was contested by the respondent, who argued that the agreement was not a single, national workplace determination and that it did not meet the requirements of the Fair Work Act 2009.

The legal issues before the court were whether the agreement was a single, national workplace determination, and whether it met the requirements of the Fair Work Act 2009. The court considered the definition of a single, national workplace determination and whether the agreement satisfied the criteria for such a determination. The court also considered whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for the fair and efficient resolution of workplace issues and whether it complied with the process requirements for the approval of an enterprise agreement.

The court found that the agreement was a single, national workplace determination and that it met the requirements of the Fair Work Act 2009. The court noted that the agreement was applicable to all employees of the applicant, regardless of their location, and that it provided for the fair and efficient resolution of workplace issues. The court also found that the agreement complied with the process requirements for the approval of an enterprise agreement, including that it was made in good faith and that it was not made for the purposes of undermining the operation of the Fair Work Act 2009.

The court approved the Australian Belt Scrapers Pty Ltd Enterprise Agreement 2013 as a single, national workplace determination and declared it to be in effect from the date of the application. The court also ordered that the agreement be registered with the Fair Work Commission and that a copy of the agreement be provided to the Fair Work Ombudsman.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established