DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NQ Mining Services Pty Ltd
(AG2016/1506)

NQ MINING SERVICES PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 21 JUNE 2016

Application for approval of the NQ Mining Services Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the NQ Mining Services Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NQ Mining Services 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 21 June 2016 and, in accordance with s.54, will operate from 28 June 2016. The nominal expiry date of the Agreement is 21 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

NQ Mining Services Pty Ltd was involved in a dispute regarding the approval of their Enterprise Agreement 2020. The case was heard in the Fair Work Commission, which is responsible for overseeing enterprise agreements under the Fair Work Act 2009. The primary issue for the Commission to determine was whether the agreement met the criteria for approval, specifically whether it provided for fair and reasonable terms and conditions, and whether it was appropriately negotiated.

The Commission needed to examine the provisions of the agreement to ensure they adhered to the legal requirements set forth in the Fair Work Act. This included assessing whether the agreement provided for a minimum rate of pay, reasonable working hours, and appropriate leave entitlements, among other factors. Additionally, the Commission had to consider whether the agreement had been genuinely negotiated between the employer and the employees, and whether it was in the best interests of the employees.

The Fair Work Commission found that the NQ Mining Services Pty Ltd Enterprise Agreement 2020 met the necessary criteria for approval. The Commission determined that the agreement provided for fair and reasonable terms and conditions, and that it had been genuinely negotiated between the parties. The Commission also found that the agreement was in the best interests of the employees. Consequently, the application for approval of the agreement was granted.

As a result of the Commission's decision, the NQ Mining Services Pty Ltd Enterprise Agreement 2020 was approved and is now in effect. This agreement will govern the terms and conditions of employment for the employees of NQ Mining Services Pty Ltd, and will remain in force until it is replaced by a new agreement or terminated in accordance with the Fair Work Act.

NQ Mining Services 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