Shark Bay Resources Pty Ltd T/A Shark Bay Resources Summary

[2014] FWCA 7632

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shark Bay Resources Pty Ltd T/A Shark Bay Resources
(AG2014/7741)

SHARK BAY RESOURCES PTY LTD ENTERPRISE AGREEMENT 2014

Salt industry
COMMISSIONER WILLIAMS	PERTH, 28 OCTOBER 2014

Application for approval of the Shark Bay Resources Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Shark Bay Resources Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shark Bay Resources Pty Ltd T/A Shark Bay Resources. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 4 November 2014. The nominal expiry date of the Agreement is 28 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Shark Bay Resources Pty Ltd T/A Shark Bay Resources applied to the Fair Work Commission for approval of its Enterprise Agreement 2014. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009.

The central legal issue was whether the agreement contained all the necessary minimum terms and conditions as stipulated by the Fair Work Act. Additionally, the Commission considered whether the agreement had been made in good faith and whether the process by which it was made was procedurally fair. The Commission examined whether the agreement provided for proper mechanisms for the resolution of disputes and whether it adequately protected employees' rights and entitlements.

In its decision, the Commission found that the agreement met all the statutory requirements and was made in good faith. The process by which the agreement was made was deemed to be procedurally fair. The Commission concluded that the agreement provided for appropriate dispute resolution mechanisms and adequately protected employees' rights and entitlements. Consequently, the Commission approved the Enterprise Agreement 2014.

Shark Bay Resources Pty Ltd T/A Shark Bay Resources

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established