Stony Desert Mining Services Pty Ltd T/A Stony Desert Mining Services Summary

[2014] FWCA 703

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stony Desert Mining Services Pty Ltd T/A Stony Desert Mining Services
(AG2013/12774)

STONY DESERT MINING SERVICES ENTERPRISE AGREEMENT 2013

Mining industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 30 JANUARY 2014

Application for approval of the Stony Desert Mining Services Enterprise Agreement 2013

[1] An application for approval of an enterprise agreement known as the Stony Desert Mining Services Enterprise Agreement 2013 (the Agreement) has been made by Stony Desert Mining Services Pty Ltd T/A Stony Desert Mining Services (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for 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. In accordance with s.54(1) of the Act, the Agreement will operate from 6 February 2014. The nominal expiry date of the Agreement is 30 January 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Stony Desert Mining Services Pty Ltd, trading as Stony Desert Mining Services, and the Fair Work Commission. The dispute centred on the application for the approval of the Stony Desert Mining Services Enterprise Agreement 2013. The Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the criteria for being a lawful and fair agreement.

The central legal issues before the Commission were whether the enterprise agreement was genuinely negotiated and whether it contained the required minimum terms and conditions as stipulated by the Fair Work Act. Additionally, the Commission had to consider whether the agreement was procedurally sound, including the fairness of the consultation process and the provision of necessary information to the employees.

The Fair Work Commission carefully examined the evidence provided by both parties. The Commission found that the enterprise agreement was genuinely negotiated between the employer and the employees, and it contained all the required minimum terms and conditions. The consultation process was deemed fair, and the employer had provided adequate information to the employees. Consequently, the Commission approved the Stony Desert Mining Services Enterprise Agreement 2013, confirming its compliance with the statutory requirements and its fairness to all parties involved.

The Fair Work Commission approved the Stony Desert Mining Services Enterprise Agreement 2013, subject to the terms and conditions outlined in the agreement.

Stony Desert Mining Services Pty Ltd T/A Stony Desert Mining Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established