DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crushing Services International Pty Ltd T/A CSI Mining Services
(AG2020/3770)

CSI INTEGRATED SERVICES ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 11 JANUARY 2021

Application for approval of the CSI Integrated Services Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the CSI Integrated Services Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Crushing Services International Pty Ltd T/A CSI Mining Services. 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 18 January 2021. The nominal expiry date of the Agreement is 11 January 2025.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Crushing Services International Pty Ltd, trading as CSI Mining Services, applied for approval of the CSI Integrated Services Enterprise Agreement 2020. The application was heard by the Fair Work Commission (FWC), with the hearing conducted by Deputy President J M G Cooper. The dispute centred on whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the court were primarily whether the agreement complied with the procedural and substantive requirements set out in the Act. The applicant argued that the agreement was fair and reasonable, while the respondent raised concerns about specific clauses. The court had to assess whether the agreement had been made in good faith, whether it contained necessary terms, and if it met the 'better off overall test'. The court also considered whether the agreement was appropriately certified by an independent certifier and if the procedural requirements were satisfied.

The Deputy President found that the agreement was fair and reasonable. The court noted that the agreement contained all the necessary terms and had been certified as meeting the 'better off overall test'. The Deputy President also concluded that the agreement was made in good faith and that the procedural requirements were met. The court rejected the respondent’s claims that specific clauses were unfair or unreasonable. Given these findings, the Deputy President approved the application for the agreement to be registered.

The court’s final order was that the CSI Integrated Services Enterprise Agreement 2020 be approved and registered under the Fair Work Act 2009. This decision is effective from the date of the order and will apply to the relevant employees and employers.

Crushing Services International Pty Ltd T/A CSI Mining Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established