DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Mining Supplies Company Pty Ltd
(AG2016/6936)

AUSTRALIAN MINING SUPPLIES PTY LTD ENTERPRISE AGREEMENT 2016

Coal industry
COMMISSIONER GREGORY	MELBOURNE, 17 JANUARY 2017

Application for approval of the Australian Mining Supplies Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Australian Mining Supplies Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Mining Supplies Company 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2017. The nominal expiry date of the Agreement is 16 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Australian Mining Supplies Company Pty Ltd, sought approval of the Australian Mining Supplies Pty Ltd Enterprise Agreement 2016 from the Fair Work Commission. The dispute centred on the fairness and efficacy of the proposed agreement, which aimed to govern the terms and conditions of employment for the company's employees. The Commission was tasked with assessing whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved determining whether the agreement provided for fair and reasonable terms and conditions, was free from coercive conduct, and was not likely to have a detrimental effect on the Australian economy or industrial relations system. The Commission also had to consider whether the agreement complied with the Fair Work Act's requirements and if it was consistent with the principles of the National Workplace Relations System.

The Commission found that the agreement was fair and reasonable, as it provided for terms and conditions that were not less favourable than the applicable award or safety net award, and it did not involve any coercive conduct. The agreement was also consistent with the principles of the National Workplace Relations System and did not have any detrimental effect on the Australian economy or industrial relations system. The Commission was satisfied that the agreement complied with the requirements of the Fair Work Act and approved the Australian Mining Supplies Pty Ltd Enterprise Agreement 2016.

The Fair Work Commission approved the Australian Mining Supplies Pty Ltd Enterprise Agreement 2016, finding it to be fair and reasonable, free from coercive conduct, and compliant with the Fair Work Act. The Commission's decision was based on its assessment that the agreement provided for terms and conditions that were not less favourable than the applicable award or safety net award, and it did not have any detrimental effect on the Australian economy or industrial relations system. The Commission's approval of the agreement ensures that the employees of Australian Mining Supplies Company Pty Ltd are governed by a fair and reasonable enterprise agreement.

Australian Mining Supplies Company 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