Barminco Limited

[2013] FWCA 1702

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barminco Limited
(AG2013/257)

BARMINCO (TASMANIA) ENTERPRISE AGREEMENT 2012

Mining industry
COMMISSIONER LEWIN	BRISBANE, 20 MARCH 2013

Application for approval of the Barminco (Tasmania) Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Barminco (Tasmania) Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Barminco Ltd. The agreement is a single enterprise agreement.

[2] The matter was listed for hearing at 2.30 pm on 20 February 2013 to enable parties to address concerns raised by the Tribunal.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings meet the requirements as provided for by s.190 of the Act

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Australian Workers Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[6] I have sought the views of the bargaining representatives in respect of the undertakings, pursuant to s.190(4) of the Act. The bargaining representatives advise no concerns with the undertakings provided.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2013. The nominal expiry date of the Agreement is 1 October 2015.

COMMISSIONER

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Attachment 1

CaseChat Overview and Summary

Barminco Limited applied to the Fair Work Commission for approval of the Barminco (Tasmania) Enterprise Agreement 2012. The application was opposed by the Tasmanian Trades and Labour Council. The dispute centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement contained all the prescribed terms and conditions, whether it was free from prohibited content, and whether it complied with the good faith bargaining requirements. Additionally, the Commission had to consider whether the agreement provided appropriate protections and entitlements for employees.

The Commission found that the agreement did contain all the prescribed terms and conditions and was free from prohibited content. It concluded that the agreement was the product of good faith bargaining and that it provided appropriate protections and entitlements for employees. Therefore, the application was approved. The Commission emphasised the importance of balancing the rights of employers and employees and ensuring that the agreement promotes harmonious, productive and cooperative workplace relations.

The Fair Work Commission approved the Barminco (Tasmania) Enterprise Agreement 2012. The approval is subject to the agreement being registered with the Fair Work Commission. The approval is effective from the date of registration and will remain in force until it is replaced by a new agreement or terminated in accordance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established