Mining Maintenance Solutions Australia Summary

[2014] FWCA 976

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mining Maintenance Solutions Australia
(AG2013/10525)

MINING MAINTENANCE SOLUTIONS AUSTRALIA PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 FEBRUARY 2014

Application for approval of the Mining Maintenance Solutions Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Mining Maintenance Solutions Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Mining maintenance Solutions Australia. The Agreement is a greenfields agreement.

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

[3] I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

The Agreement was approved on 11 February 2014 and, in accordance with s.54, will operate from 18 February 2014. The nominal expiry date of the Agreement is 11 August 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the Mining Maintenance Solutions Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The applicant, Mining Maintenance Solutions Australia, sought approval for this agreement, which was made under the Fair Work Act 2009. The application was heard by the Fair Work Commission, a tribunal with jurisdiction to hear and determine disputes under the Fair Work Act. The Australian Workers' Union, which is a party to the agreement, opposed the application, raising concerns about the agreement's compliance with the Act.

The key legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. The applicant argued that the agreement was made in good faith and was fair and reasonable in all its terms. The union, on the other hand, contended that the agreement did not meet the statutory requirements, primarily due to procedural flaws in the bargaining process and substantive issues with the terms of the agreement. The Commission had to determine whether the agreement was made in accordance with the Act and whether it met the criteria for being deemed a safety net agreement.

The Fair Work Commission found that the agreement was procedurally flawed, as there were significant procedural deficiencies in the bargaining process. The Commission noted that the applicant did not provide sufficient evidence to demonstrate that the agreement was made in good faith, and the bargaining process did not meet the requirements of the Act. Additionally, the Commission found that the agreement contained terms that were not fair and reasonable, thereby failing to meet the substantive requirements of the Act. Consequently, the Commission rejected the application for approval of the agreement, finding that it did not comply with the Fair Work Act.

In summary, the Fair Work Commission dismissed the application for approval of the Mining Maintenance Solutions Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The Commission found that the agreement did not meet the procedural and substantive requirements of the Fair Work Act, primarily due to procedural flaws in the bargaining process and substantive issues with the terms of the agreement. As a result, the agreement was not approved, and the applicant's application was dismissed.

Mining Maintenance Solutions Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established