DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Resources Contracting Pty Ltd
(AG2015/6909)

AUSTRALIAN RESOURCES CONTRACTING PTY LTD ENTERPRISE AGREEMENT 2015

Mining industry
COMMISSIONER GREGORY	MELBOURNE, 12 JANUARY 2016

Application for approval of the Australian Resources Contracting Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Australian Resources Contracting Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Resources Contracting 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2016. The nominal expiry date of the Agreement is 11 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Australian Resources Contracting Pty Ltd, sought approval of an enterprise agreement made under section 173 of the Fair Work Act 2009. The application was before the Fair Work Commission. The nature of the dispute centred on whether the enterprise agreement was made in accordance with the statutory requirements and if it met the 'better off overall test'. This test ensures that employees are not disadvantaged by the agreement when compared to their previous conditions.

The key legal issues involved the validity of the agreement's process and content. The Commission had to determine if the agreement was genuinely negotiated and if it provided for terms and conditions that were at least as good as those previously in place for the employees. The applicant argued that the agreement was fairly negotiated and met the statutory requirements, while no opposing party contested the application. The Commission examined the negotiation process, the terms of the agreement, and whether it satisfied the 'better off overall test'.

The Fair Work Commission found that the agreement was genuinely negotiated and met the statutory requirements. The Commission noted that the applicant had provided evidence of a proper negotiation process, and the terms of the agreement were fair and reasonable. The 'better off overall test' was also satisfied, as the agreement provided for terms and conditions that were at least as good as the employees' previous conditions. The Commission concluded that the applicant had met the necessary criteria for approval of the enterprise agreement.

The Fair Work Commission approved the Australian Resources Contracting Pty Ltd Enterprise Agreement 2015, finding it to be fairly negotiated and meeting the statutory requirements. The Commission determined that the agreement satisfied the 'better off overall test', ensuring that employees were not disadvantaged by the new terms and conditions. The applicant's application for approval was successful, and the enterprise agreement was registered under the Fair Work Act 2009.

Australian Resources Contracting 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