DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jetcrete Oz Pty Ltd
(AG2015/6212)

JETCRETE OZ ENTERPRISE AGREEMENT 2015

Mining industry
COMMISSIONER LEE	MELBOURNE, 16 DECEMBER 2015

Application for approval of the Jetcrete Oz Enterprise Agreement 2015.

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

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2015. The nominal expiry date of the Agreement is 15 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Jetcrete Oz Pty Ltd, an employer, sought approval of an enterprise agreement with its employees as represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The CFMEU contested certain provisions of the proposed agreement, arguing that they were not fair and reasonable. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central issue before the Commission was whether the proposed Jetcrete Oz Enterprise Agreement 2015 complied with the requirements of the Fair Work Act, specifically whether it contained the necessary provisions and adhered to the principles of procedural fairness. The CFMEU challenged several provisions, including those related to employment conditions and dispute resolution mechanisms. The Commission needed to assess these provisions to determine if they were fair and reasonable.

After examining the evidence and submissions from both parties, the Commission concluded that the agreement substantially achieved the purpose of promoting high levels of employment through fair and flexible workplace relations. The Commission found that the provisions contested by the CFMEU were fair and reasonable, as they were necessary for the business operations of Jetcrete Oz Pty Ltd. The Commission noted that the agreement provided for a fair balance between the interests of the employer and the employees, and that the process leading to the agreement was procedurally fair. Therefore, the Commission approved the Jetcrete Oz Enterprise Agreement 2015.

The Fair Work Commission approved the Jetcrete Oz Enterprise Agreement 2015, finding it to be fair and reasonable, and thus meeting the criteria for approval under the Fair Work Act. The Commission’s decision recognised the need for flexibility in the agreement to accommodate the specific business operations of Jetcrete Oz Pty Ltd.

Jetcrete Oz 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