DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McAleese Resources Pty Ltd
(AG2015/5022)

MCALEESE RESOURCES PTY LTD DRIVERS (GOLDFIELDS) ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 3 DECEMBER 2015

Application for approval of the McAleese Resources Pty Ltd Drivers (Goldfields) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the McAleese Resources Pty Ltd Drivers (Goldfields) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by McAleese Resources Pty Ltd (the Company). The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] On 30 November 2015 an undertaking was provided by Mr A Kite, the Company’s HR Business Partner, in relation to Clause 5.9.2 (Public Holidays), Clause 4.1 (Ordinary Hours), and Clause 6.3 (Attendance Management of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54, will operate from 10 December 2015. The nominal expiry date is 10 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application for approval of the McAleese Resources Pty Ltd Drivers (Goldfields) Enterprise Agreement 2015 was heard by the Fair Work Commission. The application was brought by McAleese Resources Pty Ltd, the employer, seeking to have the enterprise agreement approved and registered. The dispute centred around the terms and conditions of the proposed agreement, which aimed to govern the employment of drivers within the Goldfields region of Western Australia.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements set out in the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement complied with the procedural requirements for the registration of an enterprise agreement and whether it contained terms that were in accordance with the "better off overall test" (BOOT) as prescribed by the Act.

The Fair Work Commission found that the enterprise agreement complied with the procedural requirements for registration, including the necessary consultation and notification processes. Furthermore, the Commission determined that the agreement satisfied the BOOT, as it provided drivers with terms and conditions that were at least as good as, or better than, those provided under the relevant award or any other applicable agreements. Consequently, the Commission approved the enterprise agreement and ordered its registration.

The final order of the Commission was that the McAleese Resources Pty Ltd Drivers (Goldfields) Enterprise Agreement 2015 be approved and registered, thereby making it a legally binding agreement between the employer and the drivers covered by the agreement. This decision ensures that the terms and conditions set out in the agreement are enforceable and provides a framework for the employment of drivers in the Goldfields region.

McAleese Resources 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