DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barminco Limited
(AG2018/6013)

BARMINCO ENTERPRISE AGREEMENT 2018

Mining industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 15 MARCH 2019

Application for approval of the Barminco Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Barminco Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Barminco Limited on behalf of Barminco Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2019. The nominal expiry date of the Agreement is 14 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Barminco Limited, a mining and mineral exploration company, was before the Fair Work Commission in an application for the approval of the Barminco Enterprise Agreement 2018. The agreement was being presented for approval under section 232 of the Fair Work Act 2009, as a low pay and safety net agreement. The application arose from negotiations between the company and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing the employees.

The legal issues before the Commission included whether the agreement met the requirements of a low pay and safety net agreement, including whether the agreement provided for adequate minimum rates of pay and conditions of employment. The Commission also needed to consider whether the agreement provided for appropriate dispute resolution mechanisms and whether it complied with relevant provisions of the Fair Work Act, including the requirement that the agreement be in writing and signed by the employer and the union. Additionally, the Commission examined whether the agreement provided for fair and reasonable terms and conditions of employment, including adequate protections for employees.

The Commission found that the Barminco Enterprise Agreement 2018 met the requirements of a low pay and safety net agreement, including providing for adequate minimum rates of pay and conditions of employment. The Commission noted that the agreement provided for appropriate dispute resolution mechanisms and complied with relevant provisions of the Fair Work Act. The Commission also found that the agreement provided for fair and reasonable terms and conditions of employment, including adequate protections for employees. The Commission was satisfied that the agreement was in the best interests of the employees and approved the agreement. The approval of the agreement ensures that employees of Barminco Limited receive fair and reasonable terms and conditions of employment, including adequate protections and minimum rates of pay.

Barminco Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established