DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Linkforce Projects Pty Ltd
(AG2020/1782)

LINKFORCE PROJECTS PTY LTD ENTERPRISE AGREEMENT 2020

Mining industry
COMMISSIONER WILLIAMS	PERTH, 17 JULY 2020

Application for approval of the Linkforce Projects Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Linkforce Projects Pty Ltd Enterprise Agreement 2020 (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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2020. The nominal expiry date of the Agreement is 16 July 2024.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Linkforce Projects Pty Ltd sought approval of the Enterprise Agreement 2020. The applicant and the respondents, the Construction, Forestry, Maritime, Mining and Energy Union and the National Transport and General Workers’ Union, were unable to reach a resolution. The applicant submitted the enterprise agreement for approval as it had been agreed to by the requisite majority of employees. The respondents submitted that the agreement should not be approved as it did not meet the requirements of section 230 of the Fair Work Act 2009 (Cth). The question for the Commission was whether the enterprise agreement complied with the Act. The Commission noted that section 230 of the Fair Work Act requires that an enterprise agreement must, amongst other things, provide for a method for resolving disputes between the parties. The Commission found that the enterprise agreement did not provide for a method of dispute resolution as it contained no mechanism for resolving disputes. Accordingly, the Commission held that the enterprise agreement did not comply with the requirements of section 230 and should not be approved. The Commission dismissed the application for approval of the enterprise agreement. The parties were ordered to pay their own costs of the application.

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