DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mine Tech Engineering & Construction Pty Ltd
(AG2019/3350)

MINE TECH ENGINEERING & CONSTRUCTION PTY LTD AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 17 OCTOBER 2019

Application for approval of the Mine Tech Engineering & Construction Pty Ltd Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Mine Tech Engineering & Construction Pty Ltd Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 24 October 2019. The nominal expiry date of the Agreement is 16 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Mine Tech Engineering & Construction Pty Ltd, sought approval of the Mine Tech Engineering & Construction Pty Ltd Agreement 2019 under the Fair Work Act 2009. The applicant argued that the agreement provided for improved productivity and workplace flexibility, and that it was in the best interests of the employees. The dispute was heard in the Federal Circuit Court of Australia.

The primary legal issue before the court was whether the agreement complied with the requirements of the Fair Work Act and whether it was in the best interests of the employees. The court needed to determine if the agreement met the criteria for being a lawful agreement under the Act, including whether it provided for fair and reasonable terms of employment and if it had been genuinely agreed upon by the parties. Additionally, the court had to consider if the agreement would benefit the employees, particularly in terms of their working conditions and job security.

The court examined the provisions of the agreement and the submissions made by both the applicant and the objectors. It considered the nature of the changes proposed by the agreement and their potential impact on the employees. The court found that the agreement provided for improvements that were beneficial to the employees, including increased flexibility and productivity measures that did not adversely affect job security or working conditions. The court concluded that the agreement was in the best interests of the employees and met the legal requirements for approval under the Fair Work Act.

Consequently, the court granted the application for approval of the Mine Tech Engineering & Construction Pty Ltd Agreement 2019. The agreement was approved as it provided for fair and reasonable terms of employment and was genuinely agreed upon by the parties. The court's decision recognised the benefits of the proposed changes for both the employer and the employees, leading to an improved working environment.

Mine Tech Engineering & Construction 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