DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mentser Pty Limited
(AG2020/1520)

MENTSER SOUTH WESTERN DISTRICT NSW ENTERPRISE AGREEMENT 2020

Mining industry
DEPUTY PRESIDENT CROSS	SYDNEY, 24 JULY 2020

Application for approval of the Mentser South Western District NSW Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Mentser South Western District NSW 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 Mentser Pty Limited. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Construction, Forestry, Maritime, Mining and Energy Union 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 31 July 2020. The nominal expiry date of the Agreement is 31 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mentser Pty Limited applied to the Fair Work Commission for the approval of the Mentser South Western District NSW Enterprise Agreement 2020. The respondent, the Transport Workers Union of Australia, raised objections to the agreement. The Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement provided for the pay and conditions of employees fairly and appropriately, if it complied with the minimum entitlements set out in the Act, and if it was made in good faith and without coercion.

The Commission first examined the procedural fairness of the agreement's formation, ensuring that both parties had genuinely negotiated the terms. It was noted that the agreement was made after a series of meetings and negotiations between the parties, with the union providing feedback and suggestions. The Commission found that the process was conducted in good faith and without coercion. The Commission then assessed the substantive fairness of the agreement, looking at the pay and conditions it provided for employees. It found that the agreement provided for fair and reasonable terms and conditions, including appropriate pay rates and leave entitlements. The Commission also confirmed that the agreement complied with the minimum entitlements set out in the Act.

In conclusion, the Fair Work Commission approved the Mentser South Western District NSW Enterprise Agreement 2020. The Commission determined that the agreement was made in good faith, without coercion, and provided for the fair and reasonable pay and conditions of employees. It also complied with the minimum entitlements set out in the Fair Work Act 2009. The Commission certified the agreement as meeting the requirements of the Act.

Mentser Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established