DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mineral Technologies Pty Ltd
(AG2016/600)

MINERAL TECHNOLOGIES ENTERPRISE BARGAINING AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 12 APRIL 2016

Application for approval of the Mineral Technologies Enterprise Bargaining Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mineral Technologies Enterprise Bargaining 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 Mineral Technologies Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[4] The Agreement was approved on 12 April 2016 and, in accordance with s.54, will operate from 19 April 2016. The nominal expiry date of the Agreement is 12 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mineral Technologies Pty Ltd was the subject of an application for approval of the Mineral Technologies Enterprise Bargaining Agreement 2016. The applicant was the Australian Manufacturing Workers’ Union, and the parties to the agreement were Mineral Technologies Pty Ltd, the respondent, and the union, the applicant. The application was heard by the Fair Work Commission, specifically by Commissioner S. M. Gilmour.

The central legal issue for the commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the commission had to determine whether the agreement promoted high wages and high levels of employment, and whether it provided for efficient and flexible workplace relations. The commission also had to consider whether the agreement provided for the fair treatment of employees and whether it was consistent with the national system of industrial relations.

The commission found that the agreement did meet the criteria for approval. The commission noted that the agreement provided for wages that were above the minimum required by the safety net and provided for a number of other benefits for employees. The commission also found that the agreement provided for efficient and flexible workplace relations and that it was consistent with the national system of industrial relations. The commission therefore approved the agreement.

The commission ordered that the Mineral Technologies Enterprise Bargaining Agreement 2016 be approved and registered. The agreement was to be registered as a registered agreement under Part 2-6 of the Fair Work Act 2009. The agreement was to have effect from the date of the registration.

Mineral Technologies 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