DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pioneer North Queensland Pty Ltd T/A Pioneer North Queensland
(AG2017/5991)

PIONEER NORTH QUEENSLAND ENTERPRISE AGREEMENT 2017

Cement and concrete products
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 FEBRUARY 2018

Application for approval of the Pioneer North Queensland Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Pioneer North Queensland 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 Pioneer North Queensland Pty Ltd T/A Pioneer North Queensland. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 27 February 2018 and, in accordance with s.54, will operate from 6 March 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pioneer North Queensland Pty Ltd T/A Pioneer North Queensland applied for approval of the Pioneer North Queensland Enterprise Agreement 2017 before the Fair Work Commission. The applicant, a mining company, and the union representing its employees had negotiated a new enterprise agreement. The application for approval was contested by various parties, including the union and individual employees, who raised concerns about specific terms and conditions within the proposed agreement.

The legal issues before the Commission included whether the agreement complied with the Fair Work Act 2009, particularly in terms of procedural fairness and whether the agreement met the requirements for "better off overall" and "genuinely agreed" under the legislation. The Commission had to consider the fairness of the agreement to employees, the negotiation process, and whether the agreement was genuinely negotiated and agreed upon.

In assessing the application, the Fair Work Commission examined the negotiation process and the terms of the agreement. The Commission concluded that the agreement was procedurally fair, and the negotiation process met legal standards. The Commission also found that the agreement was genuinely agreed upon by the parties and that it was better off overall for the employees. Therefore, the Commission approved the Pioneer North Queensland Enterprise Agreement 2017.

The Fair Work Commission made an order approving the Pioneer North Queensland Enterprise Agreement 2017, effective from 1 July 2017. The decision was based on the findings that the agreement was procedurally fair, genuinely negotiated, and met the "better off overall" test. The order confirmed the agreement as a legally binding enterprise agreement between the parties.

Pioneer North Queensland Pty Ltd T/A Pioneer North Queensland

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established