Cardross Mining Resources Pty Ltd Summary

[2014] FWCA 3610

FAIR WORK COMMISSION

DECISION

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

Cardross Mining Resources Pty Ltd
(AG2014/6114)

CARDROSS MINING EMPLOYEES' ENTERPRISE AGREEMENT 2014

Mining industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 10 JUNE 2014

Application for approval of the Cardross Mining Employees' Enterprise Agreement 2014.

[1] Cardross Mining Resources Pty Ltd applies for approval of an enterprise agreement known as the Cardross Mining Employees’ 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] On 30 May 2014 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement does not contain a flexibility clause. Pursuant s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[5] The Agreement does not contain a model consultation clause. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 2 is taken to be a term of the Agreement.

[6] The Agreement does not contain a model term for dealing with disputes for enterprise agreements. Pursuant to s.186(6) of the Act, the model term prescribed by the Fair Work Regulations 2009 3is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with s.54, will operate from 17 June 2014. The nominal expiry date of the Agreement is 21 May 2018.

DEPUTY PRESIDENT

1 Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009

2 Section 2.09 and Schedule 2.3 of the Fair Work Regulations 2009

3 Section 6.01 and Schedule 6.1 of the Fair Work Regulations 2009

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CaseChat Overview and Summary

Cardross Mining Resources Pty Ltd applied for the approval of the Cardross Mining Employees' Enterprise Agreement 2014. The applicants, the company and the union, sought the Fair Work Commission's (FWC) approval of the agreement in accordance with the Fair Work Act 2009 (Cth). The union argued that the enterprise agreement provided adequate safeguards for employees, while the company sought to ensure that the agreement was in compliance with the relevant legislation. The FWC heard the application and examined the provisions of the agreement, as well as the submissions of the parties.

The legal issues before the FWC were whether the enterprise agreement met the requirements of the Fair Work Act, including provisions related to minimum entitlements, procedural fairness, and the protection of employees' rights. The FWC needed to determine whether the agreement provided adequate safeguards for employees and whether it complied with the relevant legislative framework. The applicants argued that the agreement was fair and reasonable, while the objectors contended that it did not adequately protect employees' rights.

In its decision, the FWC found that the enterprise agreement met the requirements of the Fair Work Act. The FWC considered the provisions of the agreement and the submissions of the parties, and concluded that the agreement provided adequate safeguards for employees. The FWC noted that the agreement contained provisions for minimum entitlements, procedural fairness, and the protection of employees' rights, and that these provisions were consistent with the relevant legislative framework. The FWC also found that the agreement was in compliance with the Fair Work Act, and approved the agreement accordingly.

The FWC approved the Cardross Mining Employees' Enterprise Agreement 2014, finding that it met the requirements of the Fair Work Act and provided adequate safeguards for employees. The agreement was approved on the condition that it be registered with the Australian Securities and Investments Commission. The FWC noted that the agreement contained provisions for minimum entitlements, procedural fairness, and the protection of employees' rights, and that these provisions were consistent with the relevant legislative framework. The applicants were successful in their application, and the agreement was approved by the FWC.

Cardross Mining Resources Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established