Murrin Murrin Operations Pty Ltd

[2013] FWCA 4313

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Murrin Murrin Operations Pty Ltd
(AG2013/6927)

MURRIN MURRIN OPERATIONS ENTERPRISE AGREEMENT 2012

Mining industry
COMMISSIONER WILLIAMS	PERTH, 3 JULY 2013

Application for approval of the Murrin Murrin Operations Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Murrin Murrin Operations Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Murrin Murrin Operations Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am 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.

[3] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union, 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) of the Act I note that the Agreement covers the organisation.

[4] The Australian Workers’ Union, 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) of the Act I note that the Agreement covers the organisation.

[5] 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) of the Act I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2013. The nominal expiry date of the Agreement is 10 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Murrin Murrin Operations Pty Ltd was a party to an enterprise agreement with its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The matter before the Fair Work Commission involved an application for approval of the Murrin Murrin Operations Enterprise Agreement 2012. The dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The key legal issues for the Commission to determine included whether the agreement provided for a minimum 10% increase in the parties' minimum wages and entitlements over the life of the agreement, and whether it contained provisions for appropriate dispute resolution mechanisms. Additionally, the Commission needed to assess whether the agreement complied with the good faith bargaining requirements and if it met the criteria for being a genuinely negotiated agreement.

The Commission found that the agreement did indeed provide for the required wage increase and contained adequate dispute resolution provisions. It was concluded that the agreement was negotiated in good faith and met the criteria for a genuinely negotiated agreement. Consequently, the Commission approved the Murrin Murrin Operations Enterprise Agreement 2012, finding it to be compliant with the legislative requirements. The decision was based on a comprehensive analysis of the bargaining process and the terms of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established