DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Red Mulga Australia Pty Ltd T/A Roxby Pool and Yard
(AG2017/2578)

RED MULGA PTY LTD (AUSTRALIA) ENTERPRISE AGREEMENT 2017

Mining industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 SEPTEMBER 2017

Application for approval of the Red Mulga Pty Ltd (Australia) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Red Mulga Pty Ltd (Australia) 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 Red Mulga Australia Pty Ltd T/A Roxby Pool and Yard. 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 4 September 2017 and, in accordance with s.54, will operate from 11 September 2017. The nominal expiry date of the Agreement is 4 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Red Mulga Australia Pty Ltd, trading as Roxby Pool and Yard, applied to the Fair Work Commission for approval of the Red Mulga Pty Ltd (Australia) Enterprise Agreement 2017. The application was contested by the Australian Manufacturing Workers' Union, which raised concerns about the terms of the proposed agreement, particularly in relation to shift patterns and pay rates for employees. The matter was heard by the Commission in the context of the Fair Work Act 2009, which governs the regulation of workplace relations and the approval of enterprise agreements.

The central legal issue before the Commission was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, and whether it had been genuinely negotiated between the employer and the union. The Commission also considered the impact of the proposed shift patterns and pay rates on the employees' work-life balance and overall remuneration.

In assessing the application, the Commission examined the process of negotiation and the content of the agreement. It found that the agreement had been genuinely negotiated between the parties, and that it contained provisions for fair and reasonable terms and conditions of employment. The Commission acknowledged the union's concerns about the shift patterns and pay rates, but concluded that these issues did not render the agreement unfair or unreasonable. The Commission noted that the proposed shift patterns were consistent with industry standards and provided for reasonable work-life balance, while the pay rates were competitive and reflected the employees' skills and responsibilities.

The Commission approved the Red Mulga Pty Ltd (Australia) Enterprise Agreement 2017, finding that it met the legal requirements for approval under the Fair Work Act. The union's concerns about the shift patterns and pay rates were addressed through specific provisions in the agreement, which the Commission found to be fair and reasonable. The approval of the agreement ensures that the employees of Red Mulga Australia Pty Ltd will benefit from the terms and conditions set out in the enterprise agreement.

Red Mulga Australia Pty Ltd T/A Roxby Pool and Yard

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established