Crushing and Mining Equipment Pty Ltd Summary

[2014] FWCA 6550

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crushing and Mining Equipment Pty Ltd
(AG2014/6846)

CRUSHING AND MINING EQUIPMENT PTY LTD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 SEPTEMBER 2014

Application for approval of the Crushing and Mining Equipment Pty Ltd Enterprise Agreement 2014.

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

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

[3] 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.

[4] The Agreement was approved on 18 September 2014 and, in accordance with s.54, will operate from 25 September 2014. The nominal expiry date of the Agreement is 25 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Crushing and Mining Equipment Pty Ltd for approval of the Enterprise Agreement 2014. The applicant sought to have the agreement, which was made under the Fair Work Act 2009, approved by the Commission. The application arose from negotiations between the company and its employees, represented by the relevant union, regarding the terms and conditions of employment.

The primary legal issue for the Commission to decide was whether the agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission had to determine whether the agreement provided for the parties' rights, obligations, and remedies in relation to the employees' terms and conditions of employment; whether it was made in good faith; and whether it contained any terms that would have an adverse financial impact on employees. Additionally, the Commission needed to consider whether the agreement contained terms that were inconsistent with the national workplace relations system.

In making its decision, the Commission examined the provisions of the agreement, including the terms relating to wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission found that the agreement provided for the rights, obligations, and remedies of the parties in a clear and comprehensive manner. It also determined that the agreement was made in good faith and did not contain any terms that would have an adverse financial impact on employees. Furthermore, the Commission concluded that the agreement did not contain any terms that were inconsistent with the national workplace relations system. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the Crushing and Mining Equipment Pty Ltd Enterprise Agreement 2014, finding it met the statutory requirements for approval under the Fair Work Act. The Commission found that the agreement provided for the parties' rights, obligations, and remedies in a clear and comprehensive manner, was made in good faith, and did not contain any terms that would have an adverse financial impact on employees or were inconsistent with the national workplace relations system.

Crushing and Mining Equipment Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established