Barrick Mining Services Pty Ltd

[2014] FWCA 4458

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barrick Mining Services Pty Ltd
(AG2014/6385)

BARRICK COWAL ENTERPRISE AGREEMENT 2014

Mining industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 7 JULY 2014

Application for approval of the Barrick Cowal Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Barrick Cowal Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Australian Workers’ Union, being a bargaining representative, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 14 July 2014. The nominal expiry date of the Agreement is 6 July 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Barrick Mining Services Pty Ltd applied to the Fair Work Commission for approval of the Barrick Cowal Enterprise Agreement 2014. The applicant sought approval under section 231 of the Fair Work Act 2009. The application was contested by the respondents, who included various unions. The dispute centred around the terms of the proposed enterprise agreement, which was intended to govern the employment conditions of workers at the Barrick Cowal gold mine in New South Wales. The unions argued that the agreement did not meet the legal standards required for approval by the Commission.

The legal issues before the Commission involved whether the proposed agreement satisfied the requirements of the Fair Work Act, particularly sections 231 and 235. These sections mandate that an enterprise agreement must provide for fair and reasonable terms and conditions, and must be free from coercion and undue influence. The unions contended that the agreement failed to adequately protect employee interests, particularly in relation to redundancy provisions. They also raised concerns about the process by which the agreement was negotiated.

The Commission examined the proposed agreement in detail, considering the arguments of both parties. It assessed whether the agreement provided for fair and reasonable terms and conditions, taking into account the economic context and the bargaining power of the parties. The Commission also evaluated whether the agreement was free from coercion and undue influence. After reviewing the evidence and submissions, the Commission found that the agreement was generally fair and reasonable. It concluded that the negotiation process was appropriate and that the agreement did not exhibit any undue influence or coercion. The Commission approved the Barrick Cowal Enterprise Agreement 2014, dismissing the unions' objections.

The Fair Work Commission approved the Barrick Cowal Enterprise Agreement 2014, effective from 1 July 2014. The Commission determined that the agreement met the legal requirements under the Fair Work Act, providing for fair and reasonable terms and conditions. The decision concluded that the negotiation process was appropriate and that no undue influence or coercion was present in the agreement. The unions' objections were dismissed, and the agreement was approved as presented.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established