DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Beilby Corporation WA Pty Ltd
(AG2016/767)

BEILBY WA MINING INDUSTRY LABOUR HIRE ENTERPRISE AGREEMENT 2016

Mining industry
COMMISSIONER GREGORY	MELBOURNE, 15 APRIL 2016

Application for approval of the Beilby WA Mining Industry Labour Hire Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Beilby WA Mining Industry Labour Hire 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 Beilby Corporation WA 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.205(2) of the Act, the model consultation 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 22 April 2016. The nominal expiry date of the Agreement is 15 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Beilby Corporation WA Pty Ltd and the Fair Work Commission. The nature of the dispute was an application for the approval of the Beilby WA Mining Industry Labour Hire Enterprise Agreement 2016. The case was heard in the Fair Work Commission. The primary legal issues that the court was required to decide involved whether the agreement met the requirements of the Fair Work Act 2009, particularly whether it satisfied the test for a "better off overall or as well off" provision, and if it was made in good faith. Additionally, the court had to assess whether the agreement was consistent with the National Employment Standards and whether it contained any unfair provisions.

The Fair Work Commission examined the application and found that the Beilby WA Mining Industry Labour Hire Enterprise Agreement 2016 complied with the relevant provisions of the Fair Work Act 2009. The Commission determined that the agreement was made in good faith and that the employees were at least as well off under the new agreement as they would have been under their previous awards. The Commission also considered the National Employment Standards and found that the agreement was consistent with these standards. Furthermore, the Commission concluded that the agreement did not contain any unfair provisions.

The Fair Work Commission approved the Beilby WA Mining Industry Labour Hire Enterprise Agreement 2016, finding it to be compliant with all relevant legislation and meeting the necessary criteria for approval. The final orders included the approval of the agreement, which would now govern the employment terms and conditions for the relevant employees. This decision provides clarity for both the employer and employees regarding their rights and obligations under the new enterprise agreement.

Beilby Corporation WA 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