DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linkforce Projects Pty Ltd
(AG2015/3233)

LINKFORCE PROJECTS PTY LTD MINING ENTERPRISE AGREEMENT 2015

Mining industry
COMMISSIONER ROE	MELBOURNE, 8 JULY 2015

Application for approval of the Linkforce Projects Pty Ltd Mining Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Linkforce Projects Pty Ltd Mining 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 Linkforce Projects 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. 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.

[3] The Agreement was approved on 8 July 2015 and, in accordance with s.54, will operate from 15 July 2015. The nominal expiry date of the Agreement is 8 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Linkforce Projects Pty Ltd, sought approval for the Linkforce Projects Pty Ltd Mining Enterprise Agreement 2015. The dispute involved the terms and conditions of employment within the mining sector, with the respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), objecting to certain provisions of the proposed agreement.

The central legal issues the Commission had to address were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, particularly whether it facilitated the creation of an enterprise agreement that was free from inappropriate government interference and ensured fair and efficient bargaining. Additionally, the Commission needed to determine whether the agreement adequately covered the required minimum terms and conditions and whether it had been negotiated in good faith.

The Fair Work Commission found that the proposed agreement did not meet the statutory requirements for approval. The Commission highlighted that the agreement contained provisions that did not comply with the mandated minimum terms and conditions, including those related to remuneration and working hours. Furthermore, there were concerns about the process of negotiation and whether it was conducted in good faith. As a result, the Commission did not approve the agreement, stating that it did not satisfy the necessary conditions for a fair and efficient bargaining process under the Fair Work Act. The Commission also directed that the applicant and the respondent return to the bargaining table to address the issues identified.

Pending a satisfactory resolution, the Fair Work Commission refrained from making any further orders. The decision underscores the importance of adhering to statutory requirements and the necessity of good faith negotiations in the enterprise agreement process.

Linkforce Projects 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