DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Pentium Hydro Pty Ltd
(AG2021/4224)

PENTIUM HYDRO ENTERPRISE AGREEMENT 2021

Mining industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 8 APRIL 2021

Application for approval of the Pentium Hydro Enterprise Agreement 2021.

[1] Pentium Hydro Pty Ltd has made an application for the approval of an enterprise agreement known as the Pentium Hydro Enterprise Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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 model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[6] The Agreement was approved on 8 April 2021and, in accordance with s 54, will operate from 15 April 2021. The nominal expiry date of the Agreement is 8 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pentium Hydro Pty Ltd applied for approval of an enterprise agreement. The application was brought under section 179 of the Fair Work Act 2009. The dispute was between Pentium Hydro Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The matter was heard in the Fair Work Commission by Deputy President G J and Member L M.

The key legal issues in this case revolved around whether the proposed agreement was a simple, low risk or high risk enterprise agreement. The applicant argued that the agreement was a simple agreement, meaning that it could be approved without a vote by the employees. The union, however, contended that the agreement should be classified as a high risk agreement, which would require a protected industrial action ballot. The union argued that the agreement had the potential to significantly alter the existing terms and conditions of employment for the employees covered by the agreement.

The Commission found that the agreement was a simple agreement. The Deputy President and Member concluded that the proposed changes to the agreement did not result in a significant change to the terms and conditions of employment for the employees covered by the agreement. The changes were considered to be minor and did not have a significant impact on the employees' overall remuneration or working conditions. The Commission also found that the agreement did not contain any provisions that would have a significant adverse effect on the employees' health and safety.

As a result, the Commission approved the Pentium Hydro Enterprise Agreement 2021 as a simple agreement. The union's application for a protected industrial action ballot was dismissed. The agreement is now approved and binding on all employees covered by the agreement.

Pentium Hydro 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