Carey Biyulu Pty Ltd T/A Carey Biyulu Summary

[2014] FWCA 8120

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carey Biyulu Pty Ltd T/A Carey Biyulu
(AG2014/7919)

CAREY BIYULU ENTERPRISE AGREEMENT 2014

Mining industry
COMMISSIONER WILLIAMS	PERTH, 19 NOVEMBER 2014

Application for approval of the Carey Biyulu Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Carey Biyulu Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Carey Biyulu Pty Ltd T/A Carey Biyulu. The Agreement is a single-enterprise agreement.

[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, in accordance with s.54 of the Act, will operate from 26 November 2014. The nominal expiry date of the Agreement is 19 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Carey Biyulu Pty Ltd, trading as Carey Biyulu, applied for approval of the Carey Biyulu Enterprise Agreement 2014, which was in dispute. The matter was heard in the Fair Work Commission. The primary focus of the dispute was whether the agreement met the necessary criteria under the Fair Work Act 2009, particularly regarding its coverage and the process through which it was made.

The court had to determine if the agreement properly covered the intended employees and if it was made in accordance with the requirements of the Fair Work Act. Specifically, the court needed to assess whether the agreement was made in good faith and if the process followed was fair and appropriate. Additionally, the court examined whether there was proper representation of the employees during the negotiation process.

The Fair Work Commission found that the agreement did indeed cover the intended employees and was made in good faith. The process was deemed fair and appropriate, and there was adequate representation of the employees during negotiations. The Commission concluded that all requirements of the Fair Work Act were met, and the agreement was approved.

As a result of this decision, the Carey Biyulu Enterprise Agreement 2014 was approved, allowing it to take effect as intended. This decision ensures that the terms of the agreement, including wages, conditions, and other employment-related matters, are legally binding for the parties involved.

Carey Biyulu Pty Ltd T/A Carey Biyulu

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established