DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cape Crushing and Earthmoving Contractors Pty Ltd
(AG2015/4573)

CAPE CRUSHING AND EARTHMOVING CONTRACTORS ENTERPRISE AGREEMENT 2015

Mining industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 SEPTEMBER 2015

Application for approval of the Cape Crushing and Earthmoving Contractors Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Cape Crushing and Earthmoving Contractors 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 Cape Crushing and Earthmoving Contractors Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. Copies of the undertakings are attached in Annexures A, B and C. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] 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.

[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 was approved on 3 September 2015 and, in accordance with s.54, will operate from 10 September 2015. The nominal expiry date of the Agreement is 3 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A:

Annexure B:

Annexure C:

CaseChat Overview and Summary

The application before the Fair Work Commission was for the approval of the Cape Crushing and Earthmoving Contractors Enterprise Agreement 2015. The applicants, Cape Crushing and Earthmoving Contractors Pty Ltd, sought approval for this agreement which was intended to regulate the employment terms and conditions of their employees, specifically those within the Mechanical Division. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission needed to determine if the agreement was fairly negotiated and if it complied with the relevant provisions of the Act.

The primary legal issues addressed by the Commission involved the fairness and negotiation of the agreement, and whether it complied with the statutory criteria for approval. Key concerns included whether the agreement was genuinely negotiated between the parties, whether it contained the mandatory terms as required by the Act, and if it provided for a fair and reasonable outcome for employees. Additionally, the Commission had to assess if the agreement met the provisions for employee representation and if it was consistent with the objectives of the Act, particularly in relation to promoting higher wages and better conditions.

In reaching its decision, the Commission examined the evidence presented regarding the negotiation process and the content of the agreement. It found that the agreement was indeed the product of genuine negotiations between the employer and the employees' representatives. The Commission also confirmed that the agreement contained all the mandatory terms as required by the Act and provided for fair and reasonable outcomes for the employees. The Commission concluded that the agreement was consistent with the objectives of the Act and met all the statutory criteria for approval. Consequently, the application was granted, and the Cape Crushing and Earthmoving Contractors Enterprise Agreement 2015 was approved.

Cape Crushing and Earthmoving Contractors 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