DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sparta Mining Services Pty Ltd
(AG2017/1437)

SPARTA MINING SERVICES PTY LTD ENTERPRISE AGREEMENT 2017

Coal industry
COMMISSIONER GREGORY	MELBOURNE, 29 MAY 2017

Application for approval of the Sparta Mining Services Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Sparta Mining Services Pty Ltd 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 Sparta Mining Services Pty Ltd. 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 Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 June 2017. The nominal expiry date of the Agreement is 29 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Sparta Mining Services Pty Ltd sought approval of an enterprise agreement. The agreement was to cover employees who were previously covered by an existing agreement that had expired. The dispute centred around whether the proposed agreement met the statutory requirements for approval, particularly under the Fair Work Act 2009. The Commission was tasked with determining if the agreement complied with the procedural and substantive requirements set out in the Act. The central legal issues involved assessing whether the agreement was made in good faith, if it included appropriate mechanisms for dispute resolution, and if it met the criteria for being a simple, low-risk agreement.

The Commission began by examining the procedural aspects of the agreement's formation. It was necessary to verify that the agreement was made in good faith, with adequate consultation between the employer and the employees. The Commission considered evidence of the consultation process and the steps taken to ensure that employees were informed about and could participate in the negotiation of the agreement. Next, the Commission evaluated the substantive content of the agreement, including its provisions on wages, hours of work, and other employment conditions. The Commission needed to ensure that the agreement did not undermine the safety net of minimum entitlements and did not include terms that were contrary to public policy. The Commission also assessed whether the agreement provided adequate mechanisms for resolving disputes between the parties.

After thorough consideration, the Commission found that the agreement was made in good faith and complied with all procedural requirements. The substantive provisions of the agreement were also found to be consistent with the statutory framework, providing for fair and reasonable terms without undermining the safety net of minimum entitlements. The Commission concluded that the agreement met all the necessary criteria for approval. As a result, the Commission approved the enterprise agreement, which will now apply to the relevant employees.

The final orders of the Commission included the approval of the Sparta Mining Services Pty Ltd Enterprise Agreement 2017, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would govern the employment conditions of the relevant employees until it was terminated or replaced by a new agreement.

Sparta Mining Services 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