DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Minelinx Services Pty Ltd
(AG2015/2940)

MINELINX SERVICES ENTERPRISE AGREEMENT 2015

Coal industry
COMMISSIONER JOHNS	SYDNEY, 16 JUNE 2015

Application for approval of the Minelinx Services Enterprise Agreement 2015.

[1] On 5 June 2015 Minelinx Services Pty Ltd (Applicant) made an application for approval of the Minelinx Services Enterprise Agreement 2015 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is 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.

[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 23 June 2015. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Minelinx Services Pty Ltd was the applicant seeking approval of the Minelinx Services Enterprise Agreement 2015. The Fair Work Commission, Australia's workplace relations tribunal, was the court tasked with deciding whether to approve the proposed agreement. The applicant, Minelinx Services, sought to have the enterprise agreement registered under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement complied with the requirements of the Act, whether it had been made in good faith, and whether it provided for fair and reasonable terms and conditions for employees.

The Fair Work Commission undertook a detailed examination of the proposed agreement, assessing its compliance with the statutory provisions of the Fair Work Act. The Commission considered the good faith test, scrutinising whether the agreement had been made in good faith and whether the parties had genuinely attempted to negotiate the terms. The Commission also evaluated whether the agreement provided fair and reasonable terms and conditions for the employees, taking into account various factors such as industry standards, the needs of the workforce, and any specific issues raised by the employees.

After thorough deliberation, the Fair Work Commission found that the Minelinx Services Enterprise Agreement 2015 was compliant with the requirements of the Fair Work Act and had been made in good faith. The Commission concluded that the agreement provided fair and reasonable terms and conditions for the employees. As a result, the Commission approved the agreement, enabling it to be registered and enforceable under the Act.

Minelinx Services 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