DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pilbara Manganese Pty Ltd
(AG2015/3217)

PILBARA MANGANESE PTY LTD ENTERPRISE AGREEMENT 2015

Mining industry
COMMISSIONER LEE	LAUNCESTON, 8 JULY 2015

Application for approval of the Pilbara Manganese Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Pilbara Manganese Pty Ltd Enterprise Agreement 2015 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 8 July 2015 and, in accordance with s.54 of the Act, will operate from 15 July 2015. The nominal expiry date of the Agreement is 7 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pilbara Manganese Pty Ltd applied to the Fair Work Commission for approval of the Pilbara Manganese Pty Ltd Enterprise Agreement 2015. The application was made by the company, which is involved in the mining industry, and the relevant trade union. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009 for approval. The Fair Work Commission was tasked with determining whether the agreement satisfied the necessary criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment and whether it was made in good faith and without coercion.

The Commission considered several legal issues, including whether the agreement contained all the mandated terms, whether it complied with the provisions regarding minimum entitlements, and whether the process of making the agreement was free from any unfair practices. The central issue was whether the agreement met the statutory standards for approval and if it provided for fair and reasonable terms of employment.

The Commission found that the agreement did meet the statutory requirements for approval. It concluded that the agreement contained all the mandated terms and conditions, including those relating to minimum entitlements. The Commission also found that the process of making the agreement was free from any unfair practices, and that the agreement was made in good faith. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and therefore approved the application.

The Commission approved the application for the agreement to be registered, ensuring that it would be enforceable under the Fair Work Act 2009. The decision confirmed the validity of the agreement and its compliance with the relevant statutory requirements. The approval of the agreement was a significant outcome for both the company and the union, as it provided certainty and stability in the employment relationship.

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