DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bolt Up Mining Pty Ltd
(AG2015/4122)

BOLT UP MINING PTY LTD ENTERPRISE AGREEMENT 2015

Coal industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 29 JULY 2015

Application for approval of the Bolt Up Mining Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bolt Up Mining Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

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

[3] The Agreement is approved and will operate from 5 August 2015. The nominal expiry date of the Agreement is 12 months from date of approval.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Bolt Up Mining Pty Ltd, the applicant, sought approval of the Bolt Up Mining Pty Ltd Enterprise Agreement 2015, which was to be registered under the Fair Work Act 2009. The applicant's enterprise agreement, which covered its employees, was submitted to the Fair Work Commission for approval. The application was contested by the respondents, who included the Australian Workers Union and the Construction, Forestry, Maritime, Mining and Energy Union, representing various employees. The primary dispute centred on whether the agreement met the statutory requirements for approval and registration.

The legal issues before the Fair Work Commission were whether the enterprise agreement complied with the Fair Work Act, particularly regarding the scope of the agreement, its provisions on pay and conditions, and whether it adhered to the principles of good faith bargaining. Additionally, the court had to consider whether the agreement was made in good faith and whether it was appropriately negotiated. The applicant argued that the agreement was fair and balanced, reflecting the needs and interests of both the employer and employees. The respondents contended that certain provisions were unfair and did not accurately reflect the bargaining positions of the parties.

The Fair Work Commission evaluated the arguments presented by both parties. The Commission considered the evidence provided and assessed whether the agreement was made in good faith and whether it complied with the statutory requirements. After examining the submissions and evidence, the Commission found that the agreement was appropriately negotiated and met the legal criteria for approval. The Commission determined that the agreement was fair and balanced, taking into account the interests of both the employer and employees. Consequently, the Commission approved the enterprise agreement and ordered its registration.

In conclusion, the Fair Work Commission approved the Bolt Up Mining Pty Ltd Enterprise Agreement 2015 and ordered its registration under the Fair Work Act 2009. The Commission found that the agreement was made in good faith and met all the statutory requirements for approval. The decision was based on the comprehensive evaluation of the arguments and evidence presented by both parties, affirming the fairness of the agreement for the purposes of registration.

Bolt Up Mining Pty Ltd

DECISION

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