Impact Drill and Blast (NSW) Pty Ltd; Impact Drill and Blast (QLD) Pty Ltd; Impact Drill and Blast Pty Limited

[2013] FWCA 8281

FAIR WORK COMMISSION

DECISION

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

Impact Drill and Blast (NSW) Pty Ltd; Impact Drill and Blast (QLD) Pty Ltd; Impact Drill and Blast Pty Limited
(AG2013/9584)

IMPACT DRILL AND BLAST (FITTERS) ENTERPRISE AGREEMENT 2013

Quarrying industry
COMMISSIONER LEWIN	MELBOURNE, 22 OCTOBER 2013

Application for approval of the Impact Drill and Blast (Fitters) Enterprise Agreement 2013.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an Enterprise Agreement known as the Impact Drill and Blast (Fitters) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Impact Drill and Blast Pty Limited & Impact Drill and Blast (NSW) Pty Ltd and Another (Impact). The Agreement is a single Enterprise Agreement.

[2] The application for approval of this Agreement was filed by Mr Rodney Krins, Group Manager, Impact, on 25 September 2013.

[3] One non Union Employee Bargaining Representative was listed on the application.

[4] The Agreement was listed for e-hearing, in chambers before me at 11:00am on Tuesday, 22 October 2013.

[5] 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.

[6] The Agreement is approved and in accordance with s.54 of the Act will operate from the seven days after the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is 29 October 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Impact Drill and Blast (NSW) Pty Ltd, Impact Drill and Blast (QLD) Pty Ltd, and Impact Drill and Blast Pty Limited, collectively referred to as the respondents. The applicants sought approval of the Impact Drill and Blast (Fitters) Enterprise Agreement 2013. This agreement was put forward to regulate the terms and conditions of employment for fitters within the respondents' operations. The primary dispute centred on whether the agreement adequately balanced the interests of both the employees and the employers.

The central legal issues before the Commission were whether the proposed enterprise agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the procedural requirements for its approval, whether it contained unfair provisions, and whether it provided for genuine bargaining. The Commission also had to consider whether the agreement was in the best interests of the employees and whether it complied with the Fair Work (Registered Organisations) Act 2009.

The Commission found that the proposed enterprise agreement was largely compliant with the statutory requirements for approval. It was established that the agreement had been negotiated in good faith between the parties, and that the necessary procedural requirements had been met. The Commission also determined that the agreement contained fair terms and conditions, and that it was in the best interests of the employees. After reviewing the evidence and submissions from both parties, the Commission approved the Impact Drill and Blast (Fitters) Enterprise Agreement 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established