DECISION

Fair Work Act 2009
s.185—Enterprise agreement

YEM Technology Pty Ltd t/a YEM Technology
(AG2016/5437)

YEM TECHNOLOGY SINO IRON PROJECT ENTERPRISE AGREEMENT 2016

Mining industry
COMMISSIONER LEE	MELBOURNE, 12 OCTOBER 2016

Application for approval of the YEM Technology Sino Iron Project Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the YEM Technology Sino Iron Project Enterprise 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 YEM Technology Pty Ltd t/a YEM Technology. 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2016. The nominal expiry date of the Agreement is 11 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of YEM Technology Pty Ltd trading as YEM Technology, an application was made to the Fair Work Commission for the approval of the YEM Technology Sino Iron Project Enterprise Agreement 2016. The dispute pertained to the terms and conditions of employment for workers engaged in the Sino Iron Project, with the company seeking to formalise these terms through an enterprise agreement.

The legal issues before the court involved whether the proposed agreement complied with the requirements of the Fair Work Act 2009, including provisions regarding bargaining, the nature of the agreement, and the process followed in reaching the agreement. The court needed to determine if the agreement was fairly and genuinely negotiated and whether it met the criteria for being a 'single interest' enterprise agreement.

The court, after reviewing the evidence and submissions, found that the agreement was indeed fairly and genuinely negotiated. The process followed was transparent, and the content of the agreement was comprehensive and met all the statutory requirements. The court was satisfied that the agreement was made in good faith and did not contain any terms that would be contrary to public policy or detrimental to employees' rights.

The court approved the agreement, thereby enabling the terms and conditions outlined in the YEM Technology Sino Iron Project Enterprise Agreement 2016 to come into effect. The decision was grounded in the proper application of the Fair Work Act, with a focus on ensuring that the rights and interests of both the employer and employees were adequately protected.

YEM Technology Pty Ltd t/a YEM Technology

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established