DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aus-10 Rhyolite Pty Ltd
(AG2019/2182)

AUS-10 RHYOLITE PTY LTD TINDA CREEK OPERATIONS ENTERPRISE AGREEMENT 2019

Quarrying industry
COMMISSIONER LEE	MELBOURNE, 19 JULY 2019

Application for approval of the Aus-10 Rhyolite Pty Ltd Tinda Creek Operations Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Aus-10 Rhyolite Pty Ltd Tinda Creek Operations Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aus-10 Rhyolite 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.

[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 26 July 2019. The nominal expiry date of the Agreement is 1 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Aus-10 Rhyolite Pty Ltd, sought approval for the Tinda Creek Operations Enterprise Agreement 2019 from the Fair Work Commission. The dispute arose from the negotiations between the company and the employees' union, which aimed to establish terms and conditions for the employees working at the Tinda Creek mine. The Commission was tasked with determining whether the agreement met the statutory requirements and was in the best interests of the employees.

The primary legal issue before the Commission was whether the agreement was genuinely negotiated and whether it contained the necessary provisions for employee protection and fairness. The Commission also needed to consider whether the agreement provided for appropriate dispute resolution mechanisms and whether it complied with the provisions of the Fair Work Act 2009.

In reaching its decision, the Commission considered the evidence presented by both parties and the relevant legal framework. It found that the agreement was genuinely negotiated and contained provisions that were fair and reasonable for the employees. The Commission noted that the agreement included provisions for dispute resolution, minimum wages, and other essential employee protections. The Commission was satisfied that the agreement met the statutory requirements and was in the best interests of the employees.

The Fair Work Commission approved the Tinda Creek Operations Enterprise Agreement 2019, recognising that it was fairly negotiated and met the necessary statutory requirements. The Commission's decision ensures that employees at the Tinda Creek mine will have their terms and conditions of employment governed by an agreement that provides appropriate protections and dispute resolution mechanisms.

Aus-10 Rhyolite 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