DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Caterpillar Global Mining Expanded Products Pty Ltd
(AG2015/3364)

CATERPILLAR GLOBAL MINING BERESFIELD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 6 AUGUST 2015

Application for approval of the Caterpillar Global Mining Beresfield Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Caterpillar Global Mining Beresfield Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Caterpillar Global Mining Expanded Products Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 13 August 2015. The nominal expiry date of the Agreement is 31 March 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Caterpillar Global Mining Expanded Products Pty Ltd, the Fair Work Commission was called upon to decide whether to approve the Caterpillar Global Mining Beresfield Enterprise Agreement 2015. The application for approval was made by the company, and the dispute involved the terms and conditions of employment for the workers at the Caterpillar Beresfield site. The legal issues before the Commission centred on whether the agreement met the necessary requirements under the Fair Work Act 2009, particularly whether it provided for the appropriate minimum entitlements for the employees and whether the agreement had been made in accordance with the procedural requirements.

The Fair Work Commission, in considering the application, noted that the agreement provided for a range of terms and conditions that were consistent with the relevant minimum standards prescribed by the modern awards applicable to the employees. The Commission also found that the agreement contained provisions for pay rates, penalty rates, leave entitlements, and other conditions that were broadly in line with those provided for in the applicable awards. Furthermore, the Commission was satisfied that the agreement had been made following the necessary consultation and negotiation processes, and that the employees had been given an opportunity to be adequately informed about the agreement and to express their views on it.

In light of these findings, the Fair Work Commission approved the Caterpillar Global Mining Beresfield Enterprise Agreement 2015, determining that it met the requirements of the Fair Work Act. The Commission acknowledged the efforts of both the employer and the employees in reaching an agreement that provided for fair and reasonable terms and conditions of employment. The approval of the agreement ensures that the employees at the Beresfield site will benefit from the specific terms negotiated between the parties, while also being protected by the minimum standards set out in the modern awards.

Caterpillar Global Mining Expanded Products 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