DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rory Somes T/A IR2000
(AG2018/6544)

APU PULKA ENTERPRISE AGREEMENT 2018

Mining industry
COMMISSIONER GREGORY	MELBOURNE, 15 MARCH 2019

Application for approval of the Apu Pulka Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Apu Pulka Enterprise 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 Rory Somes T/A IR2000. The Agreement is a single enterprise agreement.

[2] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2019. The nominal expiry date of the Agreement is 14 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rory Somes, trading as IR2000, filed an application seeking approval of the Apu Pulka Enterprise Agreement 2018. This dispute was heard and determined in the Fair Work Commission. The primary contention in the case was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, particularly focusing on the procedural fairness and compliance with the legislative framework.

The court was required to ascertain whether the process followed to reach the agreement was fair and whether the agreement itself complied with the statutory requirements. Central to this was the evaluation of whether the agreement had been fairly negotiated and if the necessary procedural steps had been adhered to. Additionally, the court examined whether the agreement addressed all the essential matters stipulated by the Act and if it provided for a fair and reasonable outcome for all parties involved.

The Fair Work Commission, after thorough examination of the evidence and arguments presented, found that the process by which the agreement was negotiated was fair and met the statutory requirements. The court was satisfied that all procedural steps had been appropriately followed and that the agreement was comprehensive, addressing all necessary matters. The agreement was deemed to provide fair and reasonable outcomes for both employers and employees, thereby meeting the criteria for approval. Consequently, the application for approval of the Apu Pulka Enterprise Agreement 2018 was successful.

Rory Somes T/A IR2000

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established