Terrex Pty Ltd T/A Terrex Seismic

[2013] FWCA 4928

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Terrex Pty Ltd T/A Terrex Seismic
(AG2013/1917)

TERREX SEISMIC (CASUAL EMPLOYEES) EMPLOYEE ENTERPRISE AGREEMENT 2013

Mining industry
COMMISSIONER WILLIAMS	PERTH, 23 JULY 2013

Application for approval of the Terrex Seismic (Casual Employees) Employee Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Terrex Seismic (Casual Employees) Employee Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Terrex Pty Ltd T/A Terrex Seismic. 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 does not contain a flexibility term. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 July 2013. The nominal expiry date of the Agreement is 23 July 2017.

COMMISSIONER

1 Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Terrex Pty Ltd, trading as Terrex Seismic, sought approval of the Terrex Seismic (Casual Employees) Employee Enterprise Agreement 2013 from the Fair Work Commission. The dispute centred around the classification and terms of employment for casual employees within the company. The matter was brought before the Fair Work Commission, which has jurisdiction over matters related to enterprise agreements and employment standards in Australia.

The primary legal issues the court had to address were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and whether the terms of employment for the casual employees were fair and reasonable. This included assessing the definition of 'casual employee', the scope of the agreement, and the specific terms relating to wages, hours, and conditions of employment.

The Fair Work Commission examined the proposed agreement in detail, considering the legislative framework and the specific circumstances of Terrex Pty Ltd. The court found that the agreement was largely compliant with the statutory requirements, addressing the definition of casual employees and the associated terms of employment. The commission determined that the agreement provided appropriate safeguards for casual employees while balancing the needs of the employer. Consequently, the court approved the Terrex Seismic (Casual Employees) Employee Enterprise Agreement 2013, confirming its fairness and compliance with the law.

The final orders included the approval of the agreement, subject to the conditions specified by the Fair Work Commission. The approval was contingent on the company adhering to the terms outlined in the agreement, ensuring that the rights and obligations of both the employer and the casual employees were upheld.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established