DECISION

Fair Work Act 2009
s.185—Enterprise agreement

At The Face Mining Pty Ltd
(AG2020/2881)

AT THE FACE MINING PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 6 NOVEMBER 2020

Application for approval of the At The Face Mining Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the At The Face Mining Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by At The Face Mining Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 November 2020. The nominal expiry date of the Agreement is 5 November 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved At The Face Mining Pty Ltd, a mining company, and the Australian Workers Union, representing the employees. The union sought approval for the At The Face Mining Pty Ltd Enterprise Agreement 2020. The Fair Work Commission was the tribunal before which the dispute was brought.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the best interests of the employees and if it adhered to the minimum standards set by the Act. The Commission also needed to consider whether the agreement was free from any unlawful content, including any provisions that may contravene the Act.

In examining the agreement, the Commission assessed the fairness of the terms and conditions, including wages, hours of work, and other employment conditions. The Commission also considered submissions from both parties and any relevant evidence presented. The Commission concluded that the agreement was fair and reasonable, meeting the statutory criteria for approval. The agreement was found to be in the best interests of the employees, compliant with the minimum standards, and free from any unlawful content.

The Commission approved the At The Face Mining Pty Ltd Enterprise Agreement 2020, effective from the date of the decision. The approval was based on the findings that the agreement met all the legal requirements under the Fair Work Act 2009 and was fair and reasonable for the employees.

At The Face Mining 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