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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Circuit and Family Court, the applicant, Redline Drill and Blast Pty Ltd, sought approval of the Redline Drill & Blast Agreement 2018. The agreement was proposed as a lawful enterprise agreement under the Fair Work Act 2009, and the dispute involved whether the agreement met the necessary criteria for approval, particularly regarding its compliance with the procedural fairness standards and the requirements for independent assessment.

The court had to determine whether the agreement was properly made, whether it was appropriately certified, and if it complied with the statutory provisions of the Fair Work Act. This included examining if the agreement had been fairly negotiated and if the necessary processes were followed during its development. Additionally, the court needed to consider whether the agreement met the standards of procedural fairness and if it was in the best interest of the employees involved.

The court found that the agreement was indeed properly made and certified, as it was supported by sufficient evidence of genuine agreement and compliance with the Fair Work Act. The court was satisfied that the negotiation process was fair, and all procedural fairness requirements were met. The agreement was deemed to be in the best interest of the employees, given its comprehensive nature and the protections it offered. Consequently, the court approved the Redline Drill & Blast Agreement 2018.

The final order of the court was that the Redline Drill & Blast Agreement 2018 be approved as a lawful enterprise agreement under the Fair Work Act 2009. The agreement was to be registered and enforceable from the date of the court's decision, ensuring that it would provide the intended protections and benefits to the employees of Redline Drill and Blast Pty Ltd.

Redline Drill and Blast 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