DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Perilya Broken Hill Limited
(AG2015/7246)

PERILYA BROKEN HILL LIMITED ENTERPRISE AGREEMENT 2016

Mining industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 6 JANUARY 2016

Application for approval of the Perilya Broken Hill Limited Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Perilya Broken Hill Limited Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[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 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) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved and will operate from 13 January 2016. The nominal expiry date of the Agreement is 13 January 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Perilya Broken Hill Limited Enterprise Agreement 2016. The parties involved were Perilya Broken Hill Limited, an employer in the mining sector, and the union representing the employees, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary dispute centred around the terms and conditions of employment as outlined in the proposed agreement. The Commission was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009 for being a "better off overall test" (BOOT) agreement.

The legal issues that the Commission had to decide were whether the agreement provided a safety net for employees and whether it was made in good faith. Additionally, the Commission considered whether the agreement was free from any prohibited content and whether it complied with the relevant legislative provisions. The central question was whether the agreement offered fair and better terms and conditions of employment compared to the applicable awards and whether it met the statutory criteria for approval.

The Fair Work Commission assessed the proposed agreement against the statutory framework. The Commission found that the agreement provided a safety net for employees by ensuring they received no less than the minimum terms and conditions of the relevant awards. It also concluded that the agreement was made in good faith and was free from any prohibited content. The Commission noted that the agreement contained provisions that went beyond the minimum requirements of the awards, thereby meeting the BOOT. Consequently, the Commission approved the agreement as it satisfied all the statutory requirements under the Fair Work Act 2009.

The Fair Work Commission approved the Perilya Broken Hill Limited Enterprise Agreement 2016, finding it to be a BOOT agreement that met the necessary criteria under the Fair Work Act 2009. The Commission determined that the agreement provided a safety net for employees, was made in good faith, and was free from prohibited content.

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