DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ISS Integrated Services Pty Ltd
(AG2015/285)

ISS FACILITY SERVICES BHP MINING, MULLA MULLA WA AGREEMENT 2015

Mining industry
DEPUTY PRESIDENT KOVACIC	SYDNEY, 1 APRIL 2015

Application for approval of the ISS Facility Services BHP Mining, Mulla Mulla WA Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ISS Facility Services BHP Mining, Mulla Mulla Village WA Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by ISS Integrated Services Pty Ltd. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Based on statutory declaration provided by the organisation, I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement was approved on 1 April 2015 and, in accordance with s.54, will operate from 8 April 2015. The nominal expiry date of the Agreement is 31 March 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of ISS Integrated Services Pty Ltd, the Fair Work Commission heard an application for the approval of the ISS Facility Services BHP Mining, Mulla Mulla WA Agreement 2015. The applicant, ISS Integrated Services Pty Ltd, sought approval for the proposed enterprise agreement, which aimed to regulate the employment terms and conditions of workers employed by the company at the BHP Mining site in Mulla Mulla, Western Australia. The dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement provided for the terms and conditions of employment of the employees in a fair and reasonable manner, and if it complied with the relevant provisions of the Fair Work Act. Specifically, the Commission had to consider if the agreement contained all the mandated terms as per section 233 of the Act and whether it adhered to the good faith bargaining requirements under section 181. Furthermore, the Commission assessed if the agreement included a provision for a mechanism to address workplace disputes.

The Fair Work Commission found that the proposed agreement met the statutory requirements for approval. The agreement provided for the terms and conditions of employment in a fair and reasonable manner, and it contained all the mandated terms as per section 233 of the Act. The Commission also determined that the agreement was the result of good faith bargaining, as required by section 181 of the Act. Moreover, the agreement included a mechanism for the resolution of workplace disputes. Consequently, the Commission approved the ISS Facility Services BHP Mining, Mulla Mulla WA Agreement 2015.

ISS Integrated Services 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