National Labour Solutions Pty Ltd

[2013] FWCA 6713

FAIR WORK COMMISSION

DECISION

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

National Labour Solutions Pty Ltd
(AG2013/1697)

NATIONAL LABOUR SOLUTIONS (MINING AND INFRASTRUCTURE) AGREEMENT 2013

Mining industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 6 SEPTEMBER 2013

Application for approval of the National Labour Solutions (Mining and Infrastructure) Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the National Labour Solutions (Mining and Infrastructure) Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Labour Solutions 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] On 6 September 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 13 September 2013. The nominal expiry date of the Agreement is 6 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

National Labour Solutions Pty Ltd, the applicant, sought approval for the National Labour Solutions (Mining and Infrastructure) Agreement 2013 under the Fair Work Act 2009. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, which argued the agreement did not meet the requirements for approval under the Act. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement complied with the statutory criteria for approval, specifically whether it facilitated the improvement of workplace relations and enhanced the economic efficiency of the workplace. A secondary issue was whether the agreement adequately balanced the interests of both employers and employees.

In deciding the matter, the Commission examined the terms of the agreement and the evidence provided by both parties. The Commission found that the agreement was designed to improve workplace relations by providing a clear framework for dispute resolution and promoting cooperative bargaining. The agreement also included provisions for the efficient allocation of labour resources, which the Commission deemed to enhance economic efficiency. The Commission concluded that the agreement met the statutory criteria for approval and granted the application. The union's concerns regarding the balance of interests were addressed by the Commission's detailed consideration of the agreement's provisions and its findings that it achieved a fair and reasonable balance between the parties' interests.

The Commission approved the National Labour Solutions (Mining and Infrastructure) Agreement 2013, subject to any necessary modifications to ensure compliance with the Fair Work Act 2009. The union's application for a review of the decision was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established