Industrea Mining Equipment Summary

[2013] FWCA 4070

FAIR WORK COMMISSION

DECISION

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

Industrea Mining Equipment
(AG2013/7073)

GE INDUSTREA MINING EQUIPMENT PTY LIMITED, EMERALD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 26 JUNE 2013

Application for approval of the GE Industrea Mining Equipment Pty Limited, Emerald Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the GE Industrea Mining Equipment Pty Limited, Emerald Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Industrea Mining Equipment. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 3 July 2013. The nominal expiry date is two (2) years from the date of approval.

COMMISSIONER

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CaseChat Overview and Summary

Industrea Mining Equipment Pty Limited applied for approval of the Emerald Enterprise Agreement 2013. The application was brought before the Fair Work Commission. The nature of the dispute concerned the fairness and validity of the proposed enterprise agreement, with a particular focus on its compliance with the relevant provisions of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been negotiated in good faith, whether it provided for procedural fairness in its negotiation, and whether it contained the necessary protections for employees. Additionally, the Commission needed to consider whether the agreement complied with the provisions regarding minimum terms and conditions and whether the application met the requirements for certification under the Act.

The Commission found that the agreement had been negotiated in good faith and provided for procedural fairness. It also determined that the agreement contained adequate protections for employees and complied with the relevant minimum terms and conditions. The Commission approved the application, certifying the Emerald Enterprise Agreement 2013 as a registered agreement under the Fair Work Act 2009. The approval was based on the conclusion that the agreement met all the necessary legislative requirements for fairness and validity.

Industrea Mining Equipment

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established