DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

SES Labour Solutions Pty Ltd
(AG2017/1058)

SES LABOUR SOLUTIONS PTY LTD EMPLOYEE MINING INDUSTRY ENTERPRISE AGREEMENT 2017

Mining industry
COMMISSIONER LEE	MELBOURNE, 28 APRIL 2017

Application for approval of the SES Labour Solutions Pty Ltd Employee Mining Industry Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the SES Labour Solutions Pty Ltd Employee Mining Industry 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 SES Labour Solutions Pty Ltd. 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 5 May 2017. The nominal expiry date of the Agreement is 27 April 2021.

COMMISSIONER

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The applicant, SES Labour Solutions Pty Ltd, applied to the Fair Work Commission for approval of the SES Labour Solutions Pty Ltd Employee Mining Industry Enterprise Agreement 2017. The applicant is a labour hire company that provides employees to mining companies and faced a dispute over the proposed enterprise agreement. The applicants argued that the agreement was necessary to ensure that the company could remain competitive in the labour hire market, while the respondents, including various unions, contended that the proposed agreement would undermine workers' rights and conditions.

The primary legal issues before the commission were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This included whether the agreement facilitated a productive workplace relationship and contained appropriate terms and conditions. The commission had to determine whether the agreement provided for a safety net of minimum wages and conditions and whether it was free from prohibited content. Additionally, the commission needed to consider whether the agreement had been made in good faith and whether it was consistent with the principles of the Fair Work Act.

The commission found that the proposed agreement met the criteria for approval. It held that the agreement facilitated a productive workplace relationship by providing for a flexible and efficient workforce. The commission was satisfied that the agreement contained appropriate terms and conditions, including provisions for minimum wages and conditions, overtime, shift penalties and other entitlements. The commission also found that the agreement was free from prohibited content and had been made in good faith. The commission was satisfied that the agreement was consistent with the principles of the Fair Work Act, including the protection of workers' rights and the promotion of productive workplace relations.

The commission approved the SES Labour Solutions Pty Ltd Employee Mining Industry Enterprise Agreement 2017, effective from 1 April 2017. The agreement will apply to employees of the applicant who are engaged in the mining industry. The approval of the agreement ensures that the applicant can continue to operate in the labour hire market and provide employees to mining companies, while also protecting the rights and conditions of its employees.

SES Labour Solutions Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established