DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sunstone Resources Pty Ltd T/A Sunstone Resources
(AG2016/2339)

SUNSTONE RESOURCES RAIL SUPPORT SERVICES ENTERPRISE AGREEMENT 2016-2018

Rail industry
COMMISSIONER GREGORY	MELBOURNE, 17 MARCH 2016

Application for approval of the Sunstone Resources Rail Support Services Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Sunstone Resources Rail Support Services Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sunstone Resources Pty Ltd T/A Sunstone Resources. 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.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Rail, Tram and Bus Industry 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 24 March 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sunstone Resources Pty Ltd, trading as Sunstone Resources, was the subject of an application to the Fair Work Commission for the approval of the Sunstone Resources Rail Support Services Enterprise Agreement 2016-2018. The application arose as part of the processes prescribed by the Fair Work Act 2009, seeking formal approval for the proposed enterprise agreement, which aimed to set out the terms and conditions of employment for the rail support services employees of Sunstone Resources. The decision-making process involved careful scrutiny of the agreement to ensure compliance with the legislative requirements and fairness to the employees involved.

The primary legal issues before the Fair Work Commission centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. This included determining whether the agreement had been made in good faith, whether it contained the minimum terms and conditions as required by the Act, and whether it was appropriately certified by an independent certifier. The Commission also needed to consider whether the agreement would have a detrimental effect on employees or the broader industrial relations system.

In deliberating on the application, the Fair Work Commission examined the contents of the agreement, the process by which it was negotiated, and the certification provided by an independent certifier. The Commission found that the agreement was made in good faith and contained all the necessary minimum terms and conditions. Additionally, the Commission was satisfied that the agreement would not have an adverse effect on the employees or the industrial relations system. Consequently, the Commission approved the Sunstone Resources Rail Support Services Enterprise Agreement 2016-2018, affirming that it met the legal standards for approval under the Fair Work Act 2009.

Sunstone Resources Pty Ltd T/A Sunstone Resources

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established