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

[2013] FWCA 8284

FAIR WORK COMMISSION

DECISION

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

Impact Drill and Blast Pty Limited; Impact Drill and Blast (NSW) Pty Ltd; Impact Drill and Blast (QLD) Pty Ltd
(AG2013/9637)

IMPACT DRILL AND BLAST (SHORTFIRERS) AGREEMENT 2013

Quarrying industry
COMMISSIONER LEWIN	MELBOURNE, 22 OCTOBER 2013

Application for approval of the Impact Drill and Blast (Shotfirers) 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 (Shortfirers) 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 30 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 10:30am 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 involved Impact Drill and Blast Pty Limited, along with its subsidiaries Impact Drill and Blast (NSW) Pty Ltd and Impact Drill and Blast (QLD) Pty Ltd, which collectively applied for approval of the Impact Drill and Blast (Shotfirers) Enterprise Agreement 2013. The application was made to the Fair Work Commission (FWC), which was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the FWC were whether the agreement contained the necessary "modern award terms" as stipulated under the Fair Work Act and whether the agreement was genuinely negotiated and not imposed. The FWC had to assess if the provisions of the agreement aligned with the modern award standards and if the agreement was the product of genuine bargaining between the employer and the employees, free from coercion or undue influence.

The FWC found that the agreement contained all the required modern award terms and was genuinely negotiated. The Commission noted that the process of reaching the agreement involved extensive consultation and negotiation between the parties. It was concluded that there was no evidence of coercion or undue influence in the negotiation process, and the terms of the agreement reflected the collective bargaining efforts of both parties. Consequently, the FWC approved the application for the enterprise agreement, confirming that it met the necessary statutory criteria.

In light of the findings, the FWC approved the Impact Drill and Blast (Shotfirers) Enterprise Agreement 2013, effective from the date of the decision. The approval ensured that the agreement would provide the basis for the terms and conditions of employment for the relevant employees, subject to the provisions of the Fair Work Act and any applicable awards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established