DECISION

Fair Work Act 2009
s.185—Enterprise agreement

M Maintenance Services Pty Ltd
(AG2020/165)

MINING AND MINERALS SOUTHERN REGION MAINTENANCE ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 12 MARCH 2020

Application for approval of the Mining and Minerals Southern Region Maintenance Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Mining and Minerals Southern Region Maintenance Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by M Maintenance Services 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. The undertakings are taken to be a term of 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 March 2020. The nominal expiry date of the Agreement is 11 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

M Maintenance Services Pty Ltd was the applicant in a proceeding in the Fair Work Commission, seeking approval of the Mining and Minerals Southern Region Maintenance Enterprise Agreement 2019. The dispute arose from the need to formalise the terms and conditions of employment for workers within the mining and minerals sector, specifically those engaged by M Maintenance Services Pty Ltd. The Commission, as the body responsible for regulating workplace agreements, was tasked with assessing whether the proposed agreement complied with relevant legislation and met the statutory criteria for approval.

The primary legal issue before the Commission was whether the agreement satisfied the requirements of the Fair Work Act 2009, including the provisions regarding the registration of enterprise agreements. This involved an examination of whether the agreement had been fairly and genuinely negotiated between the parties, covered the appropriate bargaining unit, and did not include terms that were below the applicable minimum standards. Additionally, the Commission had to ensure that the agreement had been made in good faith and that it provided for the proper resolution of any disputes that might arise.

In delivering its decision, the Commission found that the agreement met the necessary criteria for approval. It was determined that the agreement had been genuinely negotiated, covered the appropriate bargaining unit, and did not include any terms that were below the applicable minimum standards. The Commission was satisfied that the agreement provided for the proper resolution of disputes and was made in good faith. Consequently, the Commission approved the Mining and Minerals Southern Region Maintenance Enterprise Agreement 2019, thereby formalising the terms and conditions of employment for the relevant workers.

M Maintenance Services 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