Crushing Services International Pty Ltd T/A CSI

[2014] FWCA 4838

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crushing Services International Pty Ltd T/A CSI
(AG2014/1274)

CRUSHING SERVICES INTERNATIONAL PTY LTD IRON ORE OPERATIONS EMPLOYEE COLLECTIVE AGREEMENT 2014

Mining industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 18 JULY 2014

Application for approval of the Crushing Services International Pty Ltd Iron Ore Operations Employee Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Crushing Services International Pty Ltd Iron Ore Operations Employee Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] Subject to the matter I refer to in paragraph [3], 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] Three separate undertakings have been provided by Crushing Services International Pty Ltd in relation to the definition of a shift worker, non-engagement of part time employees and the employers requirement to pay wages. A copy of the three undertakings is attached at Annexure A, and the undertakings are taken to be terms of the Agreement.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 25 July 2014.

[5] The nominal expiry date of the Agreement is 18 July 2018.

SENIOR DEPUTY PRESIDENT

Attachment A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Crushing Services International Pty Ltd, trading as CSI, applied to the Fair Work Commission for approval of their Employee Collective Agreement 2014. The agreement concerned the terms and conditions of employment for their workers in the iron ore operations sector. The Commission was tasked with ensuring that the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the protection of workers' rights and the promotion of harmonious workplace relations.

The primary legal issue before the Commission was whether the collective agreement adequately protected the rights of the employees, including their wages, working conditions, and dispute resolution mechanisms. The Commission needed to assess whether the agreement complied with the minimum standards set out in the Fair Work Act and whether it provided for fair and effective workplace practices.

In evaluating the agreement, the Commission examined its provisions against the legislative framework and considered submissions from both CSI and the employees' representatives. The Commission found that the agreement generally met the legal standards required by the Fair Work Act. It included provisions for minimum wages, leave entitlements, and dispute resolution processes that were in line with the statutory requirements. The Commission also noted the efforts made by the parties to negotiate a fair and balanced agreement that reflected the needs and interests of both employers and employees.

As a result, the Commission approved the collective agreement, acknowledging its compliance with the relevant legislative provisions. This decision ensures that the workers in CSI's iron ore operations are protected by a legally binding agreement that upholds their rights and sets out clear terms of employment. The approval of the agreement reinforces the importance of collective bargaining in achieving fair and effective workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established