P&H MinePro Australasia Pty Ltd Summary

[2013] FWCA 3240

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

P&H MinePro Australasia Pty Ltd
(AG2013/1178)

P&H MINEPRO AUSTRALASIA PTY LTD PERTH WORKSHOP ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 22 MAY 2013

Application for approval of the P&H MinePro Australasia Pty Ltd Perth Workshop Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the P&H MinePro Australasia Pty Ltd Perth Workshop Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Manufacturing Workers’ Union, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 31 March 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved P&H MinePro Australasia Pty Ltd, which sought approval of the P&H MinePro Australasia Pty Ltd Perth Workshop Enterprise Agreement 2013. The primary dispute was whether the agreement met the necessary statutory requirements for approval, specifically focusing on its compliance with the Fair Work Act 2009. The application was heard in the Fair Work Commission, the body responsible for overseeing such matters.

The central legal issues the court addressed were whether the agreement was genuinely a product of negotiation between the parties, whether it included all the mandated terms, and if it was free from any prohibited content. The court had to examine the negotiation process, the comprehensiveness of the agreement, and its adherence to the statutory framework.

The Fair Work Commission examined the evidence presented regarding the negotiation process and found that the agreement had been genuinely negotiated between the parties. The court was satisfied that the agreement contained all the mandatory terms as prescribed by the Fair Work Act 2009. Furthermore, the commission confirmed that the agreement did not include any prohibited content. Consequently, the court approved the agreement, finding it to be compliant with all statutory requirements.

The final orders of the court were that the P&H MinePro Australasia Pty Ltd Perth Workshop Enterprise Agreement 2013 be approved in its entirety, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by its terms.

P&H MinePro Australasia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established