DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Pump & Energy Pty Ltd
(AG2016/1312)

NATIONAL PUMP & ENERGY PTY LTD (PILBARA REGION) ENTERPRISE AGREEMENT 2016

Mining industry
COMMISSIONER LEE	MELBOURNE, 9 JUNE 2016

Application for approval of the National Pump & Energy Pty Ltd (Pilbara Region) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the National Pump & Energy Pty Ltd (Pilbara Region) Enterprise 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 National Pump & Energy Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 June 2016. The nominal expiry date of the Agreement is 8 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

National Pump & Energy Pty Ltd sought approval of its Pilbara Region Enterprise Agreement 2016. The applicant, a company operating in the Pilbara region of Western Australia, sought to have the agreement approved by the Fair Work Commission. The agreement was contested by the Australian Manufacturing Workers' Union (AMWU) which claimed that the agreement did not adequately protect employees' rights and conditions.

The central issue before the court was whether the terms of the Enterprise Agreement were in accordance with the Fair Work Act 2009. Specifically, the court had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it met the procedural requirements set out in the Act. The court also had to consider whether the agreement complied with relevant industrial instruments and whether it contained any terms that were contrary to public policy.

The court found that the Enterprise Agreement was procedurally valid and contained terms that were fair and reasonable. The court noted that the agreement provided for a number of benefits for employees, including improved wages and conditions, and that it complied with relevant industrial instruments. The court also found that the agreement did not contain any terms that were contrary to public policy. The court was satisfied that the agreement had been made in good faith and that it provided for fair and reasonable terms and conditions of employment.

The court approved the Enterprise Agreement, noting that it provided for fair and reasonable terms and conditions of employment, and that it met the procedural requirements set out in the Fair Work Act. The court noted that the agreement provided for a number of benefits for employees, including improved wages and conditions, and that it complied with relevant industrial instruments. The court found that the agreement was in the best interests of the employees and approved it accordingly.

National Pump & Energy 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