Gujarat NRE Wonga Pty Ltd Summary

[2013] FWCA 8766

FAIR WORK COMMISSION

DECISION

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

Gujarat NRE Wonga Pty Ltd
(AG2013/9945)

GUJARAT NRE WONGAWILLI MINING SUPERVISORS (DEPUTIES) ENTERPRISE AGREEMENT 2013

Coal industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 7 NOVEMBER 2013

Application for approval of the Gujarat NRE Wongawilli Mining Supervisors (Deputies) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Gujarat NRE Wongawilli Mining Supervisors (Deputies) Enterprise Agreement 2013 (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 Association of Professional Engineers, Scientists and Managers, Australia (APESMA), being bargaining a representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 14 November 2013. The nominal expiry date of the Agreement is 13 November 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Gujarat NRE Wonga Pty Ltd, an employer, and the Gujarat NRE Wongawilli Mining Supervisors (Deputies) Enterprise Agreement 2013, which the company sought approval for. The dispute centred around the procedural fairness and the suitability of the agreement's terms and conditions, particularly regarding the classification and remuneration of the supervisors. The application was made in accordance with the Fair Work Act 2009, which mandates that the Commission approve enterprise agreements if they meet specific criteria, including procedural fairness and compliance with the Act.

The central legal issues before the Commission were whether the agreement was made in accordance with the prescribed procedures and if it provided for fair and reasonable terms and conditions. The Commission had to determine if the agreement was genuinely negotiated between the parties, whether it complied with the procedural requirements under the Act, and if the terms and conditions were fair and reasonable, including the classification and remuneration of the supervisors. The Commission also needed to ensure that the agreement did not discriminate against any class of employee or employer.

In considering these issues, the Commission reviewed the evidence presented, including witness testimonies and documentary evidence, to ascertain whether the agreement was genuinely negotiated and if the procedural requirements were met. The Commission concluded that the agreement was procedurally fair, as it was genuinely negotiated between the parties and met the requirements under the Fair Work Act. The Commission also found that the terms and conditions, including the classification and remuneration of the supervisors, were fair and reasonable. The Commission noted that the agreement provided for a transparent and fair process for the classification and remuneration of the supervisors and did not discriminate against any class of employee or employer.

The Commission approved the Gujarat NRE Wongawilli Mining Supervisors (Deputies) Enterprise Agreement 2013, finding it to be procedurally fair and providing for fair and reasonable terms and conditions. The Commission's decision was based on the evidence presented and its interpretation of the Fair Work Act 2009. The approval of the agreement allows it to be registered with the Fair Work Commission, and it will apply to the employees and employers covered by the agreement.

Gujarat NRE Wonga Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established