BHP Billiton Minerals Pty Ltd

[2013] FWCA 3203

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

BHP Billiton Minerals Pty Ltd
(AG2013/6402)

BHP BILLITON CANNINGTON ENTERPRISE AGREEMENT 2013

Mining industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 22 MAY 2013

Application for approval of the BHP Billiton Cannington Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the BHP Billiton Cannington Enterprise Agreement 2013 (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 as are relevant to this application for approval have been met.

[3] 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. 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 29 May 2013. The nominal expiry date of the Agreement is 21 May 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BHP Billiton Minerals Pty Ltd applied for the Fair Work Commission's approval of the BHP Billiton Cannington Enterprise Agreement 2013. The application was brought before the Commission by the company, which sought to have the agreement approved under the Fair Work Act 2009. The dispute involved the conditions of employment for the workers at the Cannington mine, which is a significant operation for the company.

The legal issues the court was required to decide involved whether the agreement met the criteria set out in the Fair Work Act for being approved. These criteria included whether the agreement was made in good faith and whether it provided for the proper protection of the employees' interests. The court also had to consider whether the agreement complied with any relevant industrial instruments and whether it included appropriate dispute resolution mechanisms.

The court found that the agreement was made in good faith and provided for the proper protection of the employees' interests. The agreement was also found to comply with all relevant industrial instruments. The court noted that the agreement included provisions for dispute resolution and that these provisions were appropriate and sufficient. The court was satisfied that the agreement met all the necessary criteria for approval and granted the application accordingly. The Fair Work Commission approved the BHP Billiton Cannington Enterprise Agreement 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established