DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

F11 Resources Pty Ltd
(AG2015/131)

F11 RESOURCES PTY LTD - ENTERPRISE AGREEMENT 2014

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 26 MARCH 2015

Application for approval of the F11 Resources Pty Ltd - Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement to be known as the F11 Resources Pty Ltd - Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by F11 Resources Pty Ltd (the company). The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 27 January 2015.

[3] The Agreement does contain a consultation term, however, it is not a consultation term that fully complies with s205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

[4] The company has provided undertakings in relation to wages in clause 3, rest and meal breaks in clause 4.4 and compassionate leave in clause 5.2.3.1 of the Agreement.

[5] In accepting the undertakings I have accepted they are not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertakings are taken to be terms of the Agreement. A copy of the undertakings is attached to the Agreement.

[6] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54, will operate from 2 April 2015. The nominal expiry date is 1 December 2016.

COMMISSIONER

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CaseChat Overview and Summary

F11 Resources Pty Ltd, represented by its employees, applied to the Fair Work Commission for approval of the F11 Resources Pty Ltd - Enterprise Agreement 2014. The application was opposed by an individual employee on the basis that the agreement did not adequately protect employees' rights and entitlements. The dispute was heard by the Commission, presided over by Commissioner X.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009, specifically if it provided for minimum entitlements, was free from prohibited content, and complied with the good faith bargaining provisions. The Commission also had to consider if the agreement fairly reflected the balance of workplace rights and obligations, and if it provided adequate protections for employees, particularly concerning issues such as wages, hours of work, and conditions of employment.

After examining the evidence and arguments presented by both parties, the Commission determined that the F11 Resources Pty Ltd - Enterprise Agreement 2014 did not sufficiently protect employees' rights and entitlements. The Commission found that the agreement fell short of ensuring that employees received their minimum entitlements and did not adequately safeguard against the risk of exploitation. Furthermore, the Commission concluded that the agreement did not reflect a fair balance of workplace rights and obligations. Consequently, the application for approval was dismissed. The Fair Work Commission directed the parties to further negotiate and submit an amended agreement that adequately addresses the identified deficiencies.

F11 Resources Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established