DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cape Flattery Silica Mines Pty Ltd T/A Cape Flattery Silica Mines
(AG2017/6530)

CAPE FLATTERY SILICA MINES PTY LTD ENTERPRISE AGREEMENT 2017

Mining industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 FEBRUARY 2018

Application for approval of the Cape Flattery Silica Mines Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cape Flattery Silica Mines Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cape Flattery Silica Mines Pty Ltd T/A Cape Flattery Silica Mines. The Agreement is a single enterprise agreement.

[2] The Applicant 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 Australian Workers’ Union. “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 February 2018. The nominal expiry date of the Agreement is 8 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Cape Flattery Silica Mines Pty Ltd, sought approval of their enterprise agreement from 2017. The dispute was heard in the Fair Work Commission, which has jurisdiction over such matters. The application was brought under the Fair Work Act 2009, specifically seeking approval of the enterprise agreement which outlined terms and conditions of employment for the workers at the mine.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, particularly sections concerning directness, clarity, and procedural fairness. The applicant argued that the agreement was fair and reasonable, while the respondent raised concerns about certain clauses. The Commission had to determine if the agreement was appropriately negotiated and if it provided for the proper operation of the business while ensuring fairness for the employees.

The Commission found that the agreement was directly related to the employees' employment, was clear and understandable, and had been negotiated in good faith. The Commission also determined that the agreement did not unfairly disadvantage any party and provided for the proper operation of the business. The concerns raised by the respondent were addressed satisfactorily, and the agreement was deemed to meet the requirements of the Act. Consequently, the Commission approved the enterprise agreement.

The final orders of the Commission were that the Cape Flattery Silica Mines Pty Ltd Enterprise Agreement 2017 be approved as a registered agreement under the Fair Work Act 2009. This decision confirmed the validity and enforceability of the agreement, allowing the parties to proceed with the terms outlined within.

Cape Flattery Silica Mines Pty Ltd T/A Cape Flattery Silica Mines

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established