DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FES Mining Services Pty Ltd
(AG2017/2751)

FES ENTERPRISE AGREEMENT 2017

Mining industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 4 SEPTEMBER 2017

Application for approval of the FES Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the FES 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 FES Mining Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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] The Agreement was approved on 4 September 2017 and, in accordance with s.54, will operate from 11 September 2017. The nominal expiry date of the Agreement is 4 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of FES Mining Services Pty Ltd, the Fair Work Commission was presented with an application for the approval of the FES Enterprise Agreement 2017. The primary parties involved in this dispute were FES Mining Services Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union, representing the employees. The disagreement centred on whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission encompassed several critical aspects. These included whether the agreement provided for the direct fixation of wages and conditions, as mandated by the legislation, and whether it included the requisite minimum terms and conditions. Additionally, the Commission had to determine whether the agreement had been fairly negotiated and if it provided adequate safeguards for employees.

The Fair Work Commission found that the FES Enterprise Agreement 2017 did indeed meet the statutory requirements. The agreement was comprehensive, providing for the direct fixation of wages and conditions, and included the minimum terms and conditions stipulated by law. The Commission further concluded that the agreement had been fairly negotiated and that it contained sufficient safeguards for the employees. As such, the application for approval was granted, and the agreement was duly endorsed.

FES Mining Services 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