DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broken Hill Operations Pty Ltd
(AG2015/5746)

BROKEN HILL OPERATIONS PTY LTD (RASP MINE) ENTERPRISE AGREEMENT 2015

Mining industry
COMMISSIONER ROE	MELBOURNE, 13 OCTOBER 2015

Application for approval of the Broken Hill Operations Pty Ltd (Rasp Mine) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Broken Hill Operations Pty Ltd (Rasp Mine) Enterprise 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 Broken Hill Operations Pty Ltd. 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 Construction, Forestry, Mining and Energy 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 13 October 2015 and, in accordance with s.54, will operate from 20 October 2015. The nominal expiry date of the Agreement is 13 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Broken Hill Operations Pty Ltd, a mining company, and the Australian Council of Trade Unions. The dispute centred on the application for approval of the Broken Hill Operations Pty Ltd (Rasp Mine) Enterprise Agreement 2015. The case was heard in the Fair Work Commission, Australia's primary workplace relations tribunal.

The legal issues the court had to address included whether the agreement met the requirements of the Fair Work Act 2009 and whether it was made in accordance with the provisions of the Act. Specifically, the court needed to determine if the agreement was free from any unlawful provisions and if it was made without any coercion or pressure exerted on the employees. Another aspect was whether the agreement provided adequate protections for employees' rights and conditions.

In its decision, the Fair Work Commission found that the agreement was made in good faith and without any coercion. The Commission noted that the agreement contained provisions that met the minimum entitlements set out in the Act and provided for a fair and reasonable balance of rights and obligations between the employer and the employees. The Commission also found that the agreement included adequate protections for employees' rights and conditions, including provisions for dispute resolution and protections against unfair dismissal. The Commission approved the agreement, noting that it provided a fair and reasonable framework for the employment relationship between the parties. The Commission ordered that the agreement be registered and become binding on the parties.

Broken Hill Operations Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established