DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Perilya Broken Hill Limited
(AG2017/2251)

PERILYA BROKEN HILL LIMITED ENTERPRISE AGREEMENT 2017

Mining industry
COMMISSIONER GREGORY	MELBOURNE, 29 JUNE 2017

Application for approval of the Perilya Broken Hill Limited Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Perilya Broken Hill Limited 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 Perilya Broken Hill Limited. 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, 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] The Construction, Forestry, Mining and Energy 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2017. The nominal expiry date of the Agreement is 6 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the Association of Mining and Energy (AME), sought approval of the Perilya Broken Hill Limited Enterprise Agreement 2017. The respondent, Perilya Broken Hill Limited, opposed the application. The dispute was heard in the Fair Work Commission. The central issue before the Commission was whether the application complied with the requirements of the Fair Work Act 2009 (Cth). Specifically, it had to determine if the agreement was in the public interest, whether it contained appropriate provisions for the resolution of workplace disputes, and if it provided fair and reasonable terms and conditions for the employees.

The Commission found that the application met the statutory requirements. The agreement included appropriate dispute resolution mechanisms and provided fair and reasonable terms and conditions. It also considered that the agreement was in the public interest, as it balanced the needs of both the employees and the employer. The Commission noted that the agreement addressed several key issues, such as hours of work, wage rates, and other employment conditions, which were considered fair and reasonable. Furthermore, the Commission was satisfied that the agreement would not have an adverse effect on the broader economy or public interest.

The Fair Work Commission approved the application for the Perilya Broken Hill Limited Enterprise Agreement 2017. The Commission concluded that the agreement was in the public interest, contained appropriate dispute resolution provisions, and provided fair and reasonable terms and conditions for the employees. The approval of the agreement ensures that the terms and conditions of employment are governed by a fair and balanced enterprise agreement, which benefits both the employees and the employer.

Perilya Broken Hill Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established