SMS Operations Pty Ltd T/A Swick Mining Services

[2014] FWCA 7311

The attached document replaces the document previously issued with the above code on 15 October 2014.

Name of agreement in title is changed from “Guilford” to “Guildford”

Associate to Deputy President Gostencnik

Dated 17 October 2014

[2014] FWCA 7311

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SMS Operations Pty Ltd T/A Swick Mining Services
(AG2014/8614)

SMS OPERATIONS GUILDFORD SITE ENTERPRISE AGREEMENT 2014.

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 OCTOBER 2014

Application for approval of the SMS Operations Guildford Site Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the SMS Operations Guildford Site 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 SMS Operations Pty Ltd T/A Swick Mining Services. The agreement is a single enterprise agreement.

[2] The Applicant has 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 15 October 2014 and, in accordance with s.54, will operate from 22 October 2014. The nominal expiry date of the Agreement is 14 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, SMS Operations Pty Ltd, trading as Swick Mining Services, applied for the approval of the SMS Operations Guildford Site Enterprise Agreement 2014. The agreement was between the company and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the terms and conditions of employment within the agreement, with particular attention to the classification of employees, wages, and working conditions.

The legal issues that the Commission needed to address included whether the agreement complied with the Fair Work Act 2009 and whether it was fair and reasonable. The Commission had to ensure that the agreement did not undermine the safety, health, and welfare of the employees, and that it met the standards of procedural fairness and good faith bargaining. Furthermore, the Commission had to consider whether the agreement appropriately balanced the interests of the employer and employees.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement was fair and reasonable. The Commission determined that the classification of employees and the wages and conditions outlined in the agreement were in line with industry standards and met the requirements of the Fair Work Act 2009. The Commission also found that the agreement appropriately balanced the interests of both parties and did not undermine the safety, health, or welfare of employees. Consequently, the Commission approved the SMS Operations Guildford Site Enterprise Agreement 2014.

The final orders of the Commission were that the agreement be approved, and it be registered with the Fair Work Commission. The agreement would then be in effect from the date of registration and would govern the employment terms and conditions between SMS Operations Pty Ltd and the CFMEU.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established