DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Keysbrook Leucoxene Pty Ltd
(AG2015/4129)

KEYSBROOK LEUCOXENE PTY LTD ENTERPRISE AGREEMENT 2015

Mining industry
COMMISSIONER LEE	MELBOURNE, 5 AUGUST 2015

Application for approval of the Keysbrook Leucoxene Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Keysbrook Leucoxene Pty Ltd 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 Keysbrook Leucoxene Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Agreement was approved on 5 August 2015 and, in accordance with s.54 of the Act, will operate from 12 August 2015. The nominal expiry date of the Agreement is 4 August 2019.

COMMISSIONER

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CaseChat Overview and Summary

Keysbrook Leucoxene Pty Ltd, represented by its employer, brought an application before the Fair Work Commission for the approval of the Keysbrook Leucoxene Pty Ltd Enterprise Agreement 2015. The company, a manufacturer of zircon sand, sought the approval of the agreement, which it had entered into with the relevant employees' union. The dispute centered around whether the agreement complied with the necessary legal requirements for approval and if it met the standards set by the Fair Work Act 2009.

The primary legal issue before the Court was whether the Enterprise Agreement 2015 complied with the provisions of the Fair Work Act, particularly sections concerning the procedural fairness and the substantive content of the agreement. The Court had to assess if the agreement was genuinely negotiated, free from coercion or undue influence, and if it met the Fair Work Act's criteria for approval. Additionally, the Court examined if the agreement contained all necessary terms and conditions, including those mandated by the Act.

The Fair Work Commission found that the agreement was genuinely negotiated and met all the requirements for procedural fairness. The Court determined that the agreement was free from coercion and undue influence and contained all the necessary terms and conditions as required by the Fair Work Act. Furthermore, the Court concluded that the agreement was in the best interests of the employees and met the standards for approval. Consequently, the Court approved the Enterprise Agreement 2015.

Keysbrook Leucoxene 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