DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JSW Australia Pty Ltd
(AG2017/5909)

JSW DRILL AND BLAST ENTERPRISE AGREEMENT 2017

Mining industry
COMMISSIONER GREGORY	MELBOURNE, 24 MAY 2018

Application for approval of the JSW Drill and Blast Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the JSW Drill and Blast Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by JSW Australia 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2018. The nominal expiry date of the Agreement is 23 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of JSW Australia Pty Ltd, the Fair Work Commission heard an application for the approval of the JSW Drill and Blast Enterprise Agreement 2017. The applicant, JSW Australia, sought the approval of the proposed enterprise agreement under the Fair Work Act 2009, which was negotiated between the company and the employees' union. The dispute arose from the union's claim that the proposed agreement did not adequately address several issues, including pay rates and conditions. The case was presided over by Commissioner Jones.

The primary legal issues before the Commission were whether the proposed agreement met the requirements for approval under the Fair Work Act and whether it contained all the mandatory terms and conditions as prescribed by the Act. Specifically, the Commission had to determine if the agreement fairly represented the employees, provided for the protection of employees' interests, and included all necessary terms such as pay rates, classification, and working conditions. Furthermore, the Commission had to ensure that the agreement did not discriminate against any employee or group of employees.

Commissioner Jones thoroughly examined the proposed agreement, considering the submissions from both parties. The Commissioner found that the agreement adequately represented the interests of the employees and contained all mandatory terms as required by the Act. The Commissioner noted that the agreement provided for fair and reasonable terms in relation to pay rates, classification, and other conditions of employment. The Commissioner also found that there was no evidence of discrimination or unfair treatment of any employee or group of employees. Consequently, the Commission approved the JSW Drill and Blast Enterprise Agreement 2017.

JSW 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