Becker Mining Australia Pty Ltd

[2022] FWCA 2671

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Becker Mining Australia Pty Ltd

(AG2022/2372)

Becker Mining Australia Pty Ltd Enterprise Agreement 2022

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 AUGUST 2022

Application for approval of the Becker Mining Australia Pty Ltd Enterprise Agreement 2022

An application has been made by Becker Mining Australia Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act) for approval of a single enterprise agreement known as the Becker Mining Australia Pty Ltd Enterprise Agreement 2022 (the Agreement).

The employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking 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.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 August 2022. The nominal expiry date of the Agreement is 31 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Becker Mining Australia Pty Ltd applied to the Fair Work Commission for approval of the Becker Mining Australia Pty Ltd Enterprise Agreement 2022. The company sought to amend certain terms and conditions of employment for its employees, and this application was contested by the Australian Manufacturing Workers' Union. The nature of the dispute centred on the proposed changes to shift patterns, leave entitlements, and the introduction of new casual employment terms. The Fair Work Commission was tasked with determining whether the proposed agreement was in the best interests of the employees and whether it met the statutory requirements for approval.

The legal issues before the Commission included whether the proposed shift patterns and leave provisions complied with relevant legislative standards, particularly those outlined in the Fair Work Act 2009. Additionally, the Commission needed to assess whether the new casual employment terms were fair and reasonable. The union argued that the proposed changes would negatively impact employees by reducing their leave entitlements and increasing the number of casual employees without proper job security or benefits.

In its decision, the Fair Work Commission found that the proposed shift patterns and leave provisions were generally in line with legislative standards, but recommended some minor amendments to enhance employee entitlements. The Commission noted that the proposed casual employment terms were fair and reasonable, taking into account the company's operational needs and the employees' willingness to accept them. The Commission concluded that the overall benefits of the enterprise agreement outweighed the potential detriments to the employees. Therefore, the application for approval was granted with the recommended amendments.

The Commission ordered that the Becker Mining Australia Pty Ltd Enterprise Agreement 2022 be approved as modified to incorporate the recommended changes regarding shift patterns and leave entitlements. The new casual employment terms were approved as proposed. This decision balanced the interests of both the company and its employees, ensuring compliance with the Fair Work Act while allowing for the proposed changes to proceed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established