DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bolt Up Mining Pty Ltd
(AG2020/3479)

BOLT UP MINING PTY LTD ENTERPRISE AGREEMENT 2020

Mining industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 18 DECEMBER 2020

Application for approval of the Bolt Up Mining Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Bolt Up Mining Pty Ltd Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Bolt Up Mining Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 18 December 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Black Coal Mining Industry Award 2010), and that the undertakings will not result in substantial changes to the Agreement.

[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] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2020. The nominal expiry date of the Agreement is 18 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bolt Up Mining Pty Ltd recently sought approval from the Fair Work Commission for its 2020 Enterprise Agreement. The agreement, intended to govern the terms and conditions of employment for its employees, was contested by the Australian Council of Trade Unions. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed Enterprise Agreement complied with the relevant statutory requirements, particularly in relation to the coverage of employees, the provisions concerning pay and conditions, and the process through which the agreement was negotiated and finalised. The Commission also had to consider whether the agreement met the threshold for being a "better off overall test" as mandated by the legislation.

In examining the evidence presented, the Commission found that the agreement sufficiently covered all the necessary terms and conditions and had been negotiated in good faith. The Commission was satisfied that the agreement provided a fair and reasonable outcome for employees, meeting the better off overall test. Consequently, the Commission approved the Enterprise Agreement, recognising it as a fair and effective means of regulating employment terms and conditions within the company.

The Fair Work Commission’s decision was definitive, and the Bolt Up Mining Pty Ltd Enterprise Agreement 2020 was approved for implementation. This outcome ensures that the agreement will govern the employment conditions of the company’s workers as intended, providing clarity and stability for both the employees and the employer.

Bolt Up Mining 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