DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PPK Mining Equipment Pty Ltd
(AG2016/2901)

PPK MINING EQUIPMENT PTY LTD NSW NORTHERN ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 JUNE 2016

Application for approval of the PPK Mining Equipment Pty Ltd NSW Northern Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the PPK Mining Equipment Pty Ltd NSW Northern 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 PPK Mining Equipment Pty Ltd. The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Workers’ 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 15 June 2016 and, in accordance with s.54, will operate from 22 June 2016. The nominal expiry date of the Agreement is 12 October 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, PPK Mining Equipment Pty Ltd, sought approval of the PPK Mining Equipment Pty Ltd NSW Northern Enterprise Agreement 2015. The matter was heard in the Fair Work Commission, where the dispute centred on whether the agreement was in compliance with the Fair Work Act 2009, including provisions for the protection of employees’ rights and entitlements. The Commission was required to determine whether the agreement met the criteria for approval, particularly in relation to the procedural fairness and the substantive fairness of the agreement.

The key legal issues before the Commission were whether the agreement was made in accordance with the procedural requirements outlined in the Fair Work Act and whether it contained provisions that were fair and reasonable. The Commission examined the process by which the agreement was negotiated and whether it involved genuine bargaining between the employer and the employees. Additionally, the Commission assessed whether the terms and conditions of the agreement were fair and reasonable, taking into account the rights and interests of the employees.

The Commission found that the agreement had been made through a process of genuine bargaining, as evidenced by the negotiation process and the engagement of the employer with the employees' representatives. It was determined that the agreement met the procedural requirements of the Fair Work Act. Furthermore, the Commission considered the substantive fairness of the agreement, evaluating whether it provided for fair and reasonable terms and conditions, including wages, working conditions, and other employment-related matters. The Commission concluded that the agreement contained provisions that were fair and reasonable, taking into account the specific circumstances of the employees and the nature of the industry.

The Commission approved the agreement, finding it to be compliant with the requirements of the Fair Work Act. This decision allows the agreement to come into effect, providing a framework for the employment relationship between PPK Mining Equipment Pty Ltd and its employees in the NSW Northern region.

PPK Mining Equipment 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