DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BHP Billiton WAIO Pty Ltd T/A BHP Billiton
(AG2015/3987)

MINING AREA C OPERATIONS AGREEMENT 2015

Mining industry
COMMISSIONER ROE	MELBOURNE, 12 AUGUST 2015

Application for approval of the Mining Area C Operations Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Mining Area C Operations Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BHP Billiton WAIO Pty Ltd T/A BHP Billiton. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A and Annexure B. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 12 August 2015 and, in accordance with s.54, will operate from 19 August 2015. The nominal expiry date of the Agreement is 12 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure B

CaseChat Overview and Summary

The case involved BHP Billiton WAIO Pty Ltd T/A BHP Billiton, which sought approval for the Mining Area C Operations Agreement 2015. The matter was heard in the Federal Court of Australia, with the applicant applying for the approval of the agreement under the Mining Act 1978 (Cth). The dispute centred around the terms of the agreement, which outlined the operations to be conducted in the mining area and the obligations of BHP Billiton in relation to those operations.

The primary legal issue before the court was whether the terms of the Mining Area C Operations Agreement 2015 complied with the statutory requirements of the Mining Act 1978 (Cth) and associated regulations. The court had to examine whether the agreement appropriately addressed environmental protection, land use, and the rights of indigenous peoples, among other statutory obligations. The applicant needed to demonstrate that the proposed operations were consistent with the objectives of the Act and the rights of other stakeholders.

The court carefully reviewed the terms of the agreement, considering the statutory framework and the specific provisions of the Mining Act 1978 (Cth). It assessed the measures proposed by BHP Billiton for managing potential environmental impacts, ensuring community and indigenous rights were respected, and confirming that the operations would not conflict with broader land use policies. The court found that the agreement adequately addressed the statutory requirements and that the proposed operations were consistent with the objectives of the Act. Consequently, the court approved the Mining Area C Operations Agreement 2015.

In summary, the court granted the application for approval of the Mining Area C Operations Agreement 2015, finding that the agreement met all statutory requirements under the Mining Act 1978 (Cth) and associated regulations.

BHP Billiton WAIO Pty Ltd T/A BHP Billiton

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established