DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Workpac Pty Ltd
(AG2016/8072)

WORKPAC PTY LTD NON COAL MINING AGREEMENT 2016

Mining industry
COMMISSIONER ROE	MELBOURNE, 1 FEBRUARY 2017

Application for approval of the WorkPac Pty Ltd Non Coal Mining Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the WorkPac Pty Ltd Non Coal Mining Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Workpac 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. 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.

[4] The Agreement was approved on 1 February 2017 and, in accordance with s.54, will operate from 8 February 2017. The nominal expiry date of the Agreement is 1 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In this matter, Workpac Pty Ltd applied to the Fair Work Commission for approval of the WorkPac Pty Ltd Non Coal Mining Agreement 2016. The dispute arose in the context of the Fair Work Act 2009, where the applicant sought to establish a new enterprise agreement that would apply to certain employees who were engaged in non-coal mining activities. The primary focus of the application was to determine whether the proposed agreement met the criteria for approval under the Act.

The court had to consider several legal issues, including whether the agreement was made in good faith, whether it contained only matters that were negotiable, and whether it satisfied the "better off overall test." This test required that the employees, on average, be no worse off financially under the terms of the new agreement compared to their previous conditions. Additionally, the court had to examine whether the agreement complied with any relevant industrial instruments and whether it contained appropriate dispute resolution mechanisms.

In its decision, the Fair Work Commission found that the WorkPac Pty Ltd Non Coal Mining Agreement 2016 met all the necessary criteria for approval. The Commission concluded that the agreement was made in good faith, contained only negotiable matters, and satisfied the better off overall test. The agreement was deemed to be in compliance with relevant industrial instruments and included adequate provisions for dispute resolution. Therefore, the Commission approved the agreement, allowing it to be applied to the relevant employees. The court ordered that the agreement be registered and enforceable under the Fair Work Act 2009.

Workpac 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