Redline Drill and Blast Pty Ltd

[2019] FWCA 2044

[2019] FWCA 2044

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Redline Drill and Blast Pty Ltd
(AG2018/6529)

REDLINE DRILL & BLAST ENTERPRISE AGREEMENT 2018

Mining industry
COMMISSIONER JOHNS	MELBOURNE, 30 MARCH 2019

Application for approval of the Redline Drill & Blast Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Redline Drill & Blast 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 Redline Drill and Blast Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

[2] On 27 March 2019, the Employer 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.

[4] Upon the face of the Employer’s Statutory Declaration (Form F17) filed in the Commission on 23 November 2018, it may seem unclear whether the Employer took all reasonable steps to notify the relevant Employees in accordance with s.180(3) of the Act. In a letter dated 25 March 2019, the Employer clarifies how the notice requirements detailed in s.180(3) were executed. I am satisfied that the Employer afforded the Employees the proper notice as detailed in s 180(3). If I am wrong, and in any event, I find that pursuant to s.188(2), the agreement would have been genuinely agreed to but for the minor procedural error (if any) made in relation to the requirements set out in s.188(1) of the Act. I am satisfied that the Employees covered by the agreement were not likely to have been disadvantaged by this error (if any). As a result, I am satisfied that the Agreement has been genuinely agreed to within the meaning of s.188(2) of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 2019. The nominal expiry date of the Agreement is 5 April 2023.

COMMISSIONER

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Annexure A