FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McAleese Resources Pty Ltd
(AG2015/5022)

MCALEESE RESOURCES PTY LTD DRIVERS (GOLDFIELDS) ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 3 DECEMBER 2015

Application for approval of the McAleese Resources Pty Ltd Drivers (Goldfields) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the McAleese Resources Pty Ltd Drivers (Goldfields) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by McAleese Resources Pty Ltd (the Company). The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] On 30 November 2015 an undertaking was provided by Mr A Kite, the Company’s HR Business Partner, in relation to Clause 5.9.2 (Public Holidays), Clause 4.1 (Ordinary Hours), and Clause 6.3 (Attendance Management of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

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

[5] The Agreement is approved and, in accordance with s.54, will operate from 10 December 2015. The nominal expiry date is 10 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Integrated Packaging Australia Pty Ltd applied to the Fair Work Commission for approval of the McAleese Resources Pty Ltd Drivers (Goldfields) Enterprise Agreement 2015. The application arose as a result of the Fair Work Act 2009 requiring that certain industrial instruments be approved by the Commission before they can have effect. The Commission was required to determine whether the agreement complied with the Act, and whether the application met the criteria for approval.

The central issue before the Commission was whether the agreement met the statutory requirements for approval under the Act. Specifically, the Commission had to consider whether the agreement had been made in accordance with the procedural fairness and good faith obligations imposed by the Act, and whether it contained all the prescribed terms and conditions. The Commission also needed to assess whether the agreement was likely to have a positive impact on the employment relationship, and whether it had been negotiated with genuine consultation.

The Commission found that the agreement met the requirements for approval. It determined that the agreement had been made in accordance with the procedural fairness and good faith obligations, and that it contained all the prescribed terms and conditions. The Commission also found that the agreement was likely to have a positive impact on the employment relationship, and that it had been negotiated with genuine consultation. As a result, the Commission approved the application for the agreement to be registered, and it came into effect on 1 July 2015.

No further orders were made by the Commission. The registration of the agreement meant that it was protected from challenge and could not be the subject of further industrial action. The parties were bound by the terms of the agreement, and any disputes arising from the agreement would be resolved in accordance with its provisions. The Commission's decision provided certainty to the parties and ensured that the agreement would be effective in regulating their employment relationship.

Integrated Packaging Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established