DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Personnel Group Pty Limited T/A NPG Mining
(AG2017/5935)

NPG MINING ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 21 DECEMBER 2017

Application for approval of the NPG Mining Enterprise Agreement 2016.

[1] On 4 December 2017, National Personnel Group Pty Limited T/A NPG Mining (Applicant) made an application for approval of the NPG Mining Enterprise Agreement 2016 (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, has been met.

[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 28 December 2017. The nominal expiry date of the Agreement is 21 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of National Personnel Group Pty Limited T/A NPG Mining, the Fair Work Commission was tasked with approving the NPG Mining Enterprise Agreement 2016. The application for approval was made by the employer, National Personnel Group Pty Limited, and the dispute involved the terms and conditions outlined in the proposed agreement. The Fair Work Commission, as the relevant industrial relations body, held jurisdiction over the matter and was required to assess the agreement against the criteria set forth in the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement met the requirements for approval under the Fair Work Act 2009, and if it appropriately balanced the interests of both the employer and the employees. The Commission had to consider whether the agreement was made in good faith, whether it provided for the proper classification of employees, and whether it addressed the essential terms and conditions of employment. Furthermore, the Commission had to ensure that the agreement did not discriminate against any group of employees and that it complied with the provisions of the National Employment Standards.

After thorough consideration of the arguments presented by both parties and the relevant legal framework, the Fair Work Commission determined that the NPG Mining Enterprise Agreement 2016 met the necessary criteria for approval. The Commission found that the agreement was made in good faith and appropriately classified employees. It also ensured that the agreement addressed the essential terms and conditions of employment, provided for appropriate dispute resolution mechanisms, and did not discriminate against any group of employees. The Commission concluded that the proposed agreement was fair and balanced, taking into account the interests of both the employer and the employees.

The Fair Work Commission approved the NPG Mining Enterprise Agreement 2016, effective from the date of the decision. The agreement now governs the terms and conditions of employment for the relevant employees, and both parties are bound by its provisions. The approval of this agreement ensures that the employees have a fair and balanced set of terms and conditions under which they work, while also allowing the employer to effectively manage its operations.

National Personnel Group Pty Limited T/A NPG Mining

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established