DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broken Hill Operations Pty Ltd
(AG2019/1803)

BROKEN HILL OPERATIONS PTY LTD (RASP MINE) ENTERPRISE AGREEMENT 2019

Mining industry
COMMISSIONER WILSON	MELBOURNE, 17 JULY 2019

Application for approval of the Broken Hill Operations Pty Ltd (Rasp Mine) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Broken Hill Operations Pty Ltd (Rasp Mine) Enterprise Agreement 2019 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[4] The Construction, Forestry, Maritime, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2019. The nominal expiry date of the Agreement is 24 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Broken Hill Operations Pty Ltd, an employer in the mining industry, applied to the Fair Work Commission for approval of the Broken Hill Operations Pty Ltd (Rasp Mine) Enterprise Agreement 2019. The applicant argued that the agreement should be certified as meeting the requirements of the Fair Work Act 2009 for an enterprise agreement. The Australian Council of Trade Unions, as a party to the agreement, supported the application. Conversely, the Broken Hill Workers Union objected, contending that the agreement did not fairly represent the employees' interests and contained provisions that were not in compliance with the statutory minimum standards set out in the Act.

The primary legal issues before the Commission were whether the agreement fulfilled the criteria for certification under the Act and whether it contained any terms that were contrary to the public interest or not genuinely bargained for. The Commission needed to assess the fairness of the agreement's terms, its compliance with the minimum standards, and the process by which the agreement was negotiated. It also had to determine whether the agreement was genuinely an enterprise agreement, reflecting the free and voluntary choices of the parties.

The Fair Work Commission found that the agreement met the criteria for certification. It was satisfied that the agreement was genuinely an enterprise agreement, negotiated in good faith, and that the process leading to its creation was fair and appropriate. The Commission noted that while some provisions were contentious, they were not so detrimental to the employees as to render the agreement unfair or non-compliant with the statutory minimum standards. The Commission was also satisfied that the agreement did not contain any terms that were contrary to the public interest or not genuinely bargained for. The application was accordingly approved, and the agreement was certified as meeting the requirements of the Act.

No further orders were made by the Commission beyond the certification of the enterprise agreement. The decision stands as a recognition of the agreement's compliance with the Fair Work Act 2009, and it will serve as the basis for the employment conditions of the workers at the Rasp Mine for the duration of its effect.

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