DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pilbara Manganese Pty Ltd
(AG2017/4670)

PILBARA MANGANESE PTY LTD ENTERPRISE AGREEMENT 2017

Mining industry
COMMISSIONER LEE	MELBOURNE, 13 DECEMBER 2017

Application for approval of the Pilbara Manganese Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Pilbara Manganese Pty Ltd 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 Pilbara Manganese Pty Ltd. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2017. The nominal expiry date of the Agreement is 12 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Pilbara Manganese Pty Ltd applied for approval of an enterprise agreement entered into with a trade union. The agreement contained provisions for the operation of a shift system, including provisions for shift allowances. The dispute centred on the interpretation and application of these provisions, particularly regarding the calculation of shift allowances and the circumstances under which they were to be paid. The Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the shift allowance provisions were sufficiently clear and specific, and whether they complied with the statutory requirements for shiftwork. The Commission considered whether the agreement provided for a fair and reasonable method of calculating shift allowances, and if it adhered to the legislative framework that aims to protect the rights and interests of employees. The Commission also examined whether the provisions were consistent with the overarching purpose of the Fair Work Act, which is to promote higher wages and better conditions for employees.

In its decision, the Commission found that the shift allowance provisions were clear and specific enough to be approved. The Commission determined that the agreement provided a fair and reasonable method for calculating shift allowances, and it was consistent with the legislative requirements for shiftwork. The Commission also concluded that the provisions were in line with the aims of the Fair Work Act. Consequently, the Commission approved the enterprise agreement, finding it to be compliant with the relevant statutory provisions.

The Commission's decision approved the Pilbara Manganese Pty Ltd Enterprise Agreement 2017, including the shift allowance provisions. The Commission's approval ensures that the agreement will now be binding on the parties and will govern the employment conditions of the workers involved.

Pilbara Manganese 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