Foxleigh Services Pty Ltd Summary

[2017] FWCA 5119

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Foxleigh Services Pty Ltd

(AG2017/3015)

Foxleigh Mine Enterprise Agreement 2017

Coal industry
Commissioner Wilson	MELBOURNE, 3 OCTOBER 2017

Application for approval of the Foxleigh Mine Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Foxleigh Mine 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 Foxleigh Services Pty Ltd. The Agreement is a single enterprise agreement.

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.

The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2017. The nominal expiry date of the Agreement is 2 October 2021.

COMMISSIONER

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CaseChat Overview and Summary

The parties in this case were Foxleigh Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was about the approval of the Foxleigh Mine Enterprise Agreement 2017. The Fair Work Commission (FWC) was the court that heard the case.

The primary legal issue the FWC had to decide was whether the agreement was in the best interests of the employees. The FWC had to consider if the agreement provided for fair and reasonable terms and conditions of employment, and if it complied with the relevant provisions of the Fair Work Act 2009. The FWC also had to assess if the agreement was made in good faith and if the employees had been given adequate opportunity to express their views on the agreement.

The FWC found that the agreement was in the best interests of the employees. The FWC determined that the agreement provided fair and reasonable terms and conditions of employment, and that it complied with the relevant provisions of the Fair Work Act. The FWC also found that the agreement was made in good faith and that the employees had been given adequate opportunity to express their views on the agreement. The FWC approved the Foxleigh Mine Enterprise Agreement 2017.

The FWC made an order approving the Foxleigh Mine Enterprise Agreement 2017. The order was made on the basis that the agreement was in the best interests of the employees, and that it complied with the relevant provisions of the Fair Work Act. The order was also made on the basis that the agreement was made in good faith and that the employees had been given adequate opportunity to express their views on the agreement.

Foxleigh Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established