DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NRW Pty Ltd
(AG2018/125)

NRW PTY LTD MINING ENTERPRISE AGREEMENT 2018

Mining industry
COMMISSIONER GREGORY	MELBOURNE, 30 MAY 2018

Application for approval of the NRW Pty Ltd Mining Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the NRW Pty Ltd Mining Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NRW 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] An appropriately signed agreement was lodged with the Commission. At the request of the Applicant, the Commission agreed not to include the names of the signatories.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2018. The nominal expiry date of the Agreement is 29 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved NRW Pty Ltd, which sought approval for its Mining Enterprise Agreement 2018. The application was heard in the Fair Work Commission. The primary issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it was made in good faith and whether it complied with the relevant provisions of the Act. The applicant argued that the agreement was the result of genuine bargaining and met all necessary statutory requirements. The Commission had to determine if the agreement was genuinely negotiated and if it complied with the procedural and substantive requirements of the Act.

The Commission considered the evidence presented regarding the bargaining process and the content of the agreement. It examined whether the parties had genuinely negotiated the terms and if the agreement was made in good faith. The Commission also assessed whether the agreement met the procedural requirements, including proper notification and the opportunity for employees to be represented. Furthermore, the Commission evaluated whether the agreement satisfied the substantive requirements, such as ensuring minimum entitlements were not worse off. The Commission concluded that the agreement was genuinely negotiated and complied with all statutory requirements.

In its decision, the Commission found that the Mining Enterprise Agreement 2018 was made in good faith and complied with the Fair Work Act 2009. The Commission approved the agreement, noting that it met all necessary procedural and substantive requirements. The Commission emphasised the importance of genuine bargaining and compliance with the Act in approving enterprise agreements. The decision confirmed the validity of the agreement, allowing it to be registered and enforced.

NRW 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