DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Western Australian Mint T/A The Perth Mint
(AG2016/412)

WESTERN AUSTRALIAN MINT ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 29 FEBRUARY 2016

Application for approval of the Western Australian Mint Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Western Australian Mint Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Western Australian Mint T/A The Perth Mint. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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.

[5] The Agreement was approved on 29 February 2016 and, in accordance with s.54, will operate from 7 March 2016. The nominal expiry date of the Agreement is 7 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Fair Work Commission, the Western Australian Mint, trading as The Perth Mint, was the applicant, seeking approval of the Western Australian Mint Enterprise Agreement 2015. The dispute centred on whether the agreement, which was intended to regulate the terms and conditions of employment for certain employees, complied with the requirements of the Fair Work Act 2009. The application required the Commission to assess whether the agreement was appropriately certified and if it met the criteria for approval as a new enterprise agreement.

The primary legal issues addressed by the Commission involved the certification process of the agreement and its compliance with the relevant legislative provisions. The Commission had to determine if the agreement was fairly and genuinely negotiated, if it contained only permissible terms and conditions, and if it was appropriately certified by an independent third party. Additionally, the Commission examined whether the agreement was made in good faith and if it adhered to the procedural requirements set out in the Fair Work Act.

Upon reviewing the evidence and submissions presented, the Commission found that the agreement was fairly and genuinely negotiated and contained terms and conditions that were permissible under the Act. The Commission also concluded that the agreement was appropriately certified and that it was made in good faith. The Commission was satisfied that the agreement complied with the statutory requirements for approval. Consequently, the application for approval of the Western Australian Mint Enterprise Agreement 2015 was granted.

The Fair Work Commission approved the Western Australian Mint Enterprise Agreement 2015, confirming its validity and applicability to the relevant employees. This decision ensures that the terms and conditions set out in the agreement will govern the employment relationship between the Mint and the affected workers, subject to the provisions of the Fair Work Act.

Western Australian Mint T/A The Perth Mint

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established