DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kergel Pty Ltd ATF Irvine Trust T/A Workplace Negotiations WA
(AG2018/3388)

3D EARTH MOVING (2017) PTY LTD MECHANICS, FITTERS AND WORKSHOP PERSONNEL ENTERPRISE AGREEMENT 2018

Mining industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 OCTOBER 2018

Application for approval of the 3D Earth Moving (2017) Pty Ltd Mechanics, Fitters and Workshop Personnel Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the 3D Earth Moving (2017) Pty Ltd Mechanics, Fitters and Workshop Personnel Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kergel Pty Ltd ATF Irvine Trust T/A Workplace Negotiations WA. The Agreement is a single enterprise agreement.

[2] The Employer 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 25 October 2018 and, in accordance with s.54, will operate from 1 November 2018. The nominal expiry date of the Agreement is 25 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Kergel Pty Ltd, trading as Workplace Negotiations WA, applied to the Fair Work Commission for approval of the 3D Earth Moving (2017) Pty Ltd Mechanics, Fitters and Workshop Personnel Enterprise Agreement 2018. The applicant sought to have the agreement registered under the Fair Work Act 2009, and the respondent, 3D Earth Moving (2017) Pty Ltd, did not oppose the application. The central issue before the Fair Work Commission was whether the enterprise agreement contained all the mandatory terms required by the Fair Work Act and whether it complied with the procedural requirements for registration.

The Fair Work Commission found that the enterprise agreement was compliant with the mandatory terms of the Fair Work Act. The agreement included provisions for minimum rates of pay, penalties for non-compliance, and a mechanism for the resolution of disputes. The Commission also noted that the agreement had been negotiated in good faith and that all procedural requirements for registration had been satisfied. Given that the respondent did not oppose the application and that the agreement met all legal requirements, the Commission approved the enterprise agreement and ordered its registration.

The Commission's decision was based on a thorough review of the enterprise agreement and the applicable legal framework. The Commission found that the agreement was comprehensive and provided for all necessary terms and conditions of employment. The Commission also emphasised the importance of good faith bargaining and procedural compliance in the negotiation and registration of enterprise agreements. The final orders of the Commission included the approval of the enterprise agreement and its registration under the Fair Work Act.

Kergel Pty Ltd ATF Irvine Trust T/A Workplace Negotiations WA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established