DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pilbara Resource Group Pty Ltd T/A Pilbara Resource Group
(AG2018/6039)

PILBARA RESOURCE GROUP PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 7 JUNE 2019

Application for approval of Pilbara Resource Group Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Pilbara Resource Group Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pilbara Resource Group Pty Ltd T/A Pilbara Resource Group. The Agreement is a single enterprise agreement.

[2] The Employer 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 7 June 2019 and, in accordance with s.54, will operate from 14 June 2019. The nominal expiry date of the Agreement is 7 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pilbara Resource Group Pty Ltd, trading as Pilbara Resource Group, applied to the Fair Work Commission for approval of its Enterprise Agreement 2018. The application was brought in the context of a dispute over the proposed agreement's terms and conditions of employment. The Fair Work Commission, presided over by Deputy President K Ryan, was tasked with evaluating the application.

The central legal issue before the Commission was whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay, leave entitlements, and other benefits. Additionally, the Commission had to consider whether the agreement complied with procedural requirements, such as the involvement of relevant employee representatives and the provision of necessary information to employees.

The Commission found that the proposed agreement did indeed meet the requirements for approval. It was determined that the agreement contained fair and reasonable terms and conditions, which were consistent with the provisions of the Fair Work Act. The procedural requirements were also satisfied, as evidenced by the appropriate consultation and information-provision processes. Consequently, the Commission approved the Enterprise Agreement 2018, finding it to be in compliance with the necessary legal standards.

Pilbara Resource Group Pty Ltd T/A Pilbara Resource Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established