P.H.E Mining Pty Ltd T/A PHE Mining

[2023] FWCA 2639

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

P.H.E Mining Pty Ltd T/A PHE Mining

(AG2023/2638)

APPLICATION FOR APPROVAL OF THE P.H.E. MINING PTY LTD ENTERPRISE AGREEMENT 2023

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 21 AUGUST 2023

Application for approval of the P.H.E. Mining Pty Ltd Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the P.H.E. MINING PTY LTD ENTERPRISE AGREEMENT 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by P.H.E Mining Pty Ltd T/A PHE Mining. The Agreement is a single enterprise agreement.

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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 August 2023. The nominal expiry date of the Agreement is 20 August 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of P.H.E Mining Pty Ltd T/A PHE Mining, the Fair Work Commission was presented with an application for the approval of an enterprise agreement, specifically the P.H.E. Mining Pty Ltd Enterprise Agreement 2023. The applicant, P.H.E Mining Pty Ltd, sought the Commission's approval to implement this new agreement, which was intended to govern the terms and conditions of employment for its employees. The dispute centered on the provisions of the proposed agreement and whether they complied with the relevant legislative framework.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for a fair and efficient workplace, whether it addressed key employment terms and conditions adequately, and whether it complied with the statutory minimum entitlements for employees. Additionally, the Commission needed to determine whether the agreement had been genuinely negotiated and if it provided for appropriate mechanisms to resolve any future disputes.

The Commission undertook a detailed examination of the proposed agreement, considering the submissions and evidence provided by both the applicant and the relevant unions. It found that the agreement contained provisions that were fair and efficient and met the statutory minimum entitlements. The Commission also noted that the agreement had been genuinely negotiated and included provisions for dispute resolution. Consequently, the Commission approved the P.H.E. Mining Pty Ltd Enterprise Agreement 2023, finding that it met the necessary legal standards for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established