Cape Flattery Silica Mines Pty Ltd Summary

[2014] FWCA 4748

FAIR WORK COMMISSION

DECISION

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

Cape Flattery Silica Mines Pty Ltd
(AG2014/1739)

CAPE FLATTERY SILICA MINES PTY LTD ENTERPRISE AGREEMENT 2014

Mining industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 16 JULY 2014

Application for approval of the Cape Flattery Silica Mines Pty Ltd Enterprise Agreement 2014.

[1] Cape Flattery Silica Mines Pty Ltd applies for approval of an enterprise agreement known as the Cape Flattery Silica Mines Pty Ltd Enterprise Agreement 2014 (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; the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that the organisations want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54, will operate from 23 July 2014. The nominal expiry date of the Agreement is 16 July 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Cape Flattery Silica Mines Pty Ltd, the Fair Work Commission considered an application for the approval of the Enterprise Agreement 2014. The dispute involved the company, Cape Flattery Silica Mines, and the employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The agreement was a product of negotiations between the parties, aimed at establishing the terms and conditions of employment for the workforce.

The legal issues before the commission were whether the agreement was made in good faith, whether it contained the necessary minimum terms, and whether it adhered to the statutory provisions of the Fair Work Act 2009. Additionally, the commission had to determine whether the agreement was fair and reasonable, and if it provided for the lawful termination of employment, as required by the legislation.

The commission found that the agreement had been made in good faith, contained the minimum terms required by law, and adhered to the statutory provisions. The commission also found that the agreement was fair and reasonable, and provided for lawful termination of employment. The commission was satisfied that the agreement provided a suitable framework for the employment relationship and did not disadvantage any party. Consequently, the commission approved the Enterprise Agreement 2014.

The final orders of the commission were that the Cape Flattery Silica Mines Pty Ltd Enterprise Agreement 2014 be approved and registered under the Fair Work Act 2009. The agreement would then be binding on the parties, and any disputes arising from its terms would be resolved in accordance with the provisions of the act.

Cape Flattery Silica Mines Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established