DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PBE Rutherford Mining Pty Ltd
(AG2019/326)

PBE RUTHERFORD MINING PTY LTD ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER BISSETT	MELBOURNE, 17 MAY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the PBE Rutherford Mining Pty Ltd 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 PBE Rutherford Mining Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and The Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 May 2019. The nominal expiry date of the Agreement is 16 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the matter of the application for approval of the PBE Rutherford Mining Pty Ltd Enterprise Agreement 2018 was brought before the commission. The applicant, PBE Rutherford Mining Pty Ltd, sought the approval of an enterprise agreement that had been negotiated with a representative of the employees. The employees, represented by a union, did not oppose the application but raised concerns about specific provisions of the agreement.

The primary legal issue before the commission was whether the proposed enterprise agreement met the statutory requirements for approval. This included ensuring that the agreement was not contrary to public policy, did not discriminate against any class of employee, and was consistent with the applicable federal laws. The commission also needed to consider whether the agreement provided for a fair and efficient workplace, and if it had been made in good faith.

The commission considered the arguments presented by both parties and examined the provisions of the agreement in detail. It found that the agreement was made in good faith and did not contravene any federal law or public policy. The commission also determined that the agreement provided for a fair and efficient workplace and that the provisions concerning wages, hours of work, and other conditions were reasonable. The commission concluded that the agreement met the necessary criteria for approval and ordered that the PBE Rutherford Mining Pty Ltd Enterprise Agreement 2018 be approved as a registered agreement.

The commission's decision was final and binding, and the enterprise agreement was registered, thereby becoming legally enforceable between the employer and the employees. This outcome provided certainty and stability to the workplace, allowing the parties to operate under the terms of the agreed-upon conditions.

PBE Rutherford Mining 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