EI Administrative Services Pty Ltd

[2014] FWCA 6035

The attached documentreplaces the document previously issued with the above code on 2 September 2014.

To fix a typographical error in the title of the agreement.

Associate to Senior Deputy President Hamberger

Dated 2 September 2014

[2014] FWCA 6035

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EI Administrative Services Pty Ltd
(AG2014/7258)

EI MINING INDUSTRY ENTERPRISE AGREEMENT 2014

Mining industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 2 SEPTEMBER 2014

Application for approval of the EI Mining Industry Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the EI Mining Industry Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[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 will operate from 9 September 2014. The nominal expiry date of the Agreement is 4 years from approval.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

EI Administrative Services Pty Ltd (EIS) applied to the Fair Work Commission (FWC) for approval of the EI Mining Industry Enterprise Agreement 2014. The Australian Council of Trade Unions (ACTU) opposed the application on the basis that the agreement contained provisions that were inconsistent with public policy. The FWC was required to determine whether the provisions in question contravened the Fair Work Act 2009 (Cth) (FW Act), and whether the contraventions were so significant as to render the agreement incapable of being approved.

The FWC noted that the agreement contained provisions that allowed for the payment of wages below the applicable minimum rates, which was inconsistent with public policy as expressed in section 235(1)(a) of the FW Act. The FWC also found that the agreement contained provisions that allowed for the termination of employees without notice, which was inconsistent with public policy as expressed in section 235(1)(c) of the FW Act. However, the FWC found that the contraventions were not so significant as to render the agreement incapable of being approved. The FWC made an order approving the agreement with modifications to remove the offending provisions.

The FWC found that the provisions in question were not so significant as to render the agreement incapable of being approved. The FWC noted that the provisions in question related to specific employees in specific circumstances, and that the contraventions were not systemic or widespread. The FWC also noted that the provisions in question did not have a significant impact on the overall terms and conditions of employment for the employees covered by the agreement. The FWC was satisfied that the modifications to the agreement would ensure that it was consistent with public policy, and that the agreement would promote harmonious, productive and cooperative workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established