Manpower Services (Australia) Pty Ltd Summary

[2013] FWCA 2150

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Manpower Services (Australia) Pty Ltd
(AG2013/675)

MANPOWER SERVICES (AUSTRALIA) PTY LTD BLACK COAL MINING INDUSTRY ENTERPRISE AGREEMENT 2013

Coal industry
COMMISSIONER ROBERTS	SYDNEY, 10 APRIL 2013

Application for approval of the Manpower Services (Australia) Pty Ltd Black Coal Mining Industry Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Manpower Services (Australia) Pty Ltd Black Coal Mining Industry Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Manpower Services (Australia) Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 8 April 2013 undertakings were provided by Mr M Cuzic, the Company’s Corporate Services Director, in relation to leave provisions. Pursuant to s.190 of the Act, I accept the undertakings of the Company. A copy of the undertakings is attached to the Agreement at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2013. The nominal expiry date of the Agreement is 16 April 2017.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Manpower Services (Australia) Pty Ltd applied for the approval of the Black Coal Mining Industry Enterprise Agreement 2013. The applicant, a company operating in the black coal mining industry, sought to have the agreement recognised as a registered enterprise agreement. The dispute centred on whether the agreement complied with the necessary legal requirements for registration and if it was appropriate to approve it.

The legal issues before the court included whether the agreement had been genuinely negotiated between the parties, if it complied with the provisions of the Fair Work Act 2009, and whether it met the requirements for approval as stipulated in the relevant industrial relations legislation. The court needed to determine if the agreement adequately covered the terms and conditions of employment for the employees in the specified industry, and if it provided for appropriate dispute resolution mechanisms.

The Fair Work Commission considered the evidence provided by the applicant and assessed the agreement against the legal criteria. It found that the agreement had indeed been genuinely negotiated, was compliant with the Fair Work Act, and contained all the necessary provisions for registration. The court concluded that the agreement was fair and appropriate for approval, taking into account the interests of both the employer and employees. Consequently, the court granted the application and approved the agreement as a registered enterprise agreement.

The final orders included the approval of the Black Coal Mining Industry Enterprise Agreement 2013, with specific provisions and terms outlined in the agreement to govern the employment conditions within the industry. The court also directed the registration of the agreement with the Fair Work Commission, ensuring its enforceability and compliance with the relevant industrial relations laws.

Manpower Services (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established