DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mansfield Crushing Pty Ltd
(AG2017/1946)

MANSFIELD CRUSHING PTY LTD ENTERPRISE AGREEMENT 2017

Quarrying industry
COMMISSIONER MCKINNON	MELBOURNE, 7 JULY 2017

Application for approval of the Mansfield Crushing Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Mansfield Crushing Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mansfield Crushing Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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 14 July 2017. The nominal expiry date of the Agreement is 30 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mansfield Crushing Pty Ltd sought approval of their Enterprise Agreement 2017, which was made with a number of unions. The Fair Work Commission was asked to decide whether the agreement complied with the Fair Work Act 2009, specifically regarding provisions on employee entitlements, termination of employment, and procedural fairness. The unions argued that the agreement was fair and reasonable, while the company claimed it was necessary for the business to be competitive.

The Commission examined the agreement clause by clause, considering whether the provisions met the requirements of the Fair Work Act. It assessed whether the agreement allowed for fair and reasonable terms and conditions, including procedural fairness, and whether it provided for adequate employee protections. The Commission also considered the nature of the bargaining process and whether the agreement was genuinely negotiated. After detailed analysis, the Commission found that the agreement was fair and reasonable, and approved it.

The Fair Work Commission approved the Enterprise Agreement 2017, finding that it met the legal requirements for approval under the Fair Work Act. The agreement was found to provide fair and reasonable terms and conditions of employment, including procedural fairness, and adequate protections for employees. The Commission was satisfied that the agreement was genuinely negotiated between the parties. The approval allows the agreement to be registered and enforceable against the parties involved.

Mansfield Crushing 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