DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carey Group Holdings Pty Ltd
(AG2018/635)

CAREY GROUP - MINING ENTERPRISE AGREEMENT

Mining industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 JUNE 2018

Application for approval of the Carey Group - Mining Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Carey Group - Mining Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Carey Group Holdings Pty Ltd. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 July 2018. The nominal expiry date of the Agreement is 24 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Carey Group Holdings Pty Ltd brought an application to the Fair Work Commission seeking approval of a proposed enterprise agreement. The proposed agreement was to be applied to employees of the Carey Group, who are involved in the mining industry. The primary dispute centred around the terms of the proposed agreement, particularly those concerning employee entitlements, conditions of employment, and dispute resolution mechanisms. The Fair Work Commission was tasked with determining whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission involved examining whether the agreement provided for minimum entitlements as required by law, whether it contained appropriate dispute resolution processes, and whether it was made in good faith and without coercion. Additionally, the Commission had to consider if the agreement was sufficiently detailed and whether it complied with procedural fairness, including adequate consultation with the employees.

The Commission found that the proposed agreement did not adequately address several key areas, including the provision of minimum entitlements and the dispute resolution mechanisms. The agreement failed to provide clear and comprehensive provisions on several points, which were essential for employee protection and effective workplace relations. Furthermore, the Commission concluded that the process of developing the agreement did not meet the standard of procedural fairness, particularly in terms of adequate consultation with the employees. Based on these findings, the Commission did not approve the proposed agreement.

No specific final orders were made in the text provided, but typically, the Commission would detail the reasons for disapproval and may require amendments to the agreement before it could be reconsidered for approval.

Carey Group Holdings 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