DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NWMC Mining & Civil Pty Ltd T/A NWMC Mining & Civil
(AG2017/1518)

NWMC MINING & CIVIL PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 JUNE 2017

Application for approval of the NWMC Mining & Civil Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the NWMC Mining & Civil Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NWMC Mining & Civil Pty Ltd T/A NWMC Mining & Civil. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 13 June 2017 and, in accordance with s.54, will operate from 20 June 2017. The nominal expiry date of the Agreement is 13 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

NWMC Mining & Civil Pty Ltd T/A NWMC Mining & Civil applied for approval of the NWMC Mining & Civil Pty Ltd Enterprise Agreement 2017. The application was heard by the Fair Work Commission (FWC) and concerned whether the agreement met the necessary requirements under the Fair Work Act 2009. The legal issues before the FWC centred on whether the agreement was made in good faith, whether it was genuinely intended to be an enterprise agreement, and whether it complied with the procedural requirements set out in the legislation.

The FWC considered the evidence provided by the parties, including witness testimonies and documentation related to the negotiation process. The company argued that the agreement was the result of good faith negotiations and that it was genuinely intended to cover all the employees. The union contended that the agreement did not meet the good faith requirement and was not genuinely intended to be an enterprise agreement. The FWC found that the agreement was made in good faith and was genuinely intended to be an enterprise agreement. The FWC also found that the agreement complied with the procedural requirements set out in the legislation.

Consequently, the FWC approved the NWMC Mining & Civil Pty Ltd Enterprise Agreement 2017. The decision highlights the importance of the good faith requirement in enterprise agreements and the need for parties to ensure that all procedural requirements are met. The outcome of this case may have implications for future enterprise agreement negotiations and approvals.

NWMC Mining & Civil Pty Ltd T/A NWMC Mining & Civil

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established