DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mineforce Australia Pty Ltd
(AG2016/2893)

MINEFORCE AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 27 MAY 2016

Application for approval of the Mineforce Australia Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mineforce Australia Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mineforce Australia 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 27 May 2016 and, in accordance with s.54, will operate from 3 June 2016. The nominal expiry date of the Agreement is 27 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mineforce Australia Pty Ltd was the subject of an application for the approval of its Enterprise Agreement 2016. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. The primary dispute centred on whether the agreement adequately covered the terms and conditions of employment, including wages, hours, and other employment-related matters, and whether it was free from any provisions that might be considered contrary to public policy or detrimental to the workforce.

The legal issues the court had to address included whether the agreement was genuinely negotiated between the employer and the employees, if it contained all the required minimum terms and conditions, and whether it was in compliance with the relevant provisions of the Fair Work Act. Additionally, the court needed to ensure that the agreement did not unfairly disadvantage any party and was not influenced by any improper conduct.

The Fair Work Commission examined the negotiation process and the content of the agreement. It found that the agreement was genuinely negotiated and included all the necessary minimum terms and conditions. The Commission was satisfied that the agreement was not contrary to public policy and did not disadvantage any party. Consequently, the court approved the Enterprise Agreement 2016, recognising it as meeting all statutory requirements for approval.

Mineforce Australia 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