DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kergel Pty Ltd ATF Irvine Trust T/A Workplace Negotiations WA
(AG2018/3390)

3D EARTH MOVING (2017) PTY LTD PLANT OPERATORS ENTERPRISE AGREEMENT 2018

Mining industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 OCTOBER 2018

Application for approval of the 3D Earth Moving (2017) Pty Ltd Plant Operators Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the 3D Earth Moving (2017) Pty Ltd Plant Operators 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

In the matter of Kergel Pty Ltd ATF Irvine Trust trading as Workplace Negotiations WA, an application was made to the Fair Work Commission for the approval of the 3D Earth Moving (2017) Pty Ltd Plant Operators Enterprise Agreement 2018. The applicant, Kergel Pty Ltd, sought to have the enterprise agreement approved as a simple, modern, and streamlined agreement that would benefit both the employer and employees in the industry. The primary dispute involved the terms and conditions of the agreement, specifically whether they met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the court centred on whether the proposed enterprise agreement met the requirements for approval under section 232 of the Fair Work Act 2009. This included determining whether the agreement was genuinely negotiated between the parties, provided for a fair and efficient method of determining employees' pay and conditions, and did not include terms that were contrary to the public interest or had an adverse effect on the national system of industrial relations. Furthermore, the court had to assess if the agreement provided for minimum terms as specified in the Act and whether it was consistent with the national workplace relations system.

The Fair Work Commission considered the arguments presented by both parties and examined the provisions of the proposed enterprise agreement. The Commission found that the agreement was genuinely negotiated between the parties and provided for fair and efficient methods of determining employees' pay and conditions. The court also found that the agreement contained minimum terms as specified in the Act and was consistent with the national workplace relations system. Consequently, the Fair Work Commission approved the 3D Earth Moving (2017) Pty Ltd Plant Operators Enterprise Agreement 2018, determining that it met all the necessary criteria for approval under the Fair Work Act 2009.

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