DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Exact Mining Services Pty Ltd T/A Exact Mining Services
(AG2017/5620)

EXACT MINING SERVICES ENTERPRISE AGREEMENT 2017

Mining industry
COMMISSIONER MCKINNON	MELBOURNE, 14 FEBRUARY 2018

Application for approval of the Exact Mining Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Exact Mining Services Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Exact Mining Services Pty Ltd T/A Exact Mining Services. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2018. The nominal expiry date of the Agreement is 13 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Exact Mining Services Pty Ltd, trading as Exact Mining Services, was involved in a dispute concerning the approval of the Exact Mining Services Enterprise Agreement 2017. The matter was brought before the Fair Work Commission, which is responsible for overseeing the approval process for enterprise agreements under Australian labour laws.

The central legal issues that the Commission had to address involved whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in good faith, if it was genuinely an enterprise agreement, and whether it contained all the mandated terms and conditions. Additionally, the Commission had to consider if the agreement met the specific requirements for low-paid workers and if it was consistent with the Fair Work Act's objectives.

The Commission examined the evidence presented and found that the agreement was indeed made in good faith and was a genuine enterprise agreement. It also concluded that the agreement contained all the required terms and conditions and was consistent with the objectives of the Fair Work Act. The Commission noted that while there were some procedural imperfections in the way the agreement was formed, these did not significantly impact the overall fairness or compliance of the agreement. Consequently, the Commission approved the Exact Mining Services Enterprise Agreement 2017.

The final orders included the approval of the agreement, subject to certain conditions and with the requirement that any disputes arising from the agreement be referred to the Commission for resolution.

Exact Mining Services Pty Ltd T/A Exact 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