DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carey Mining Pty Ltd
(AG2016/7127)

CAREY MINING TROPICANA SURFACE MINING ENTERPRISE AGREEMENT 2016

Mining industry
COMMISSIONER GREGORY	MELBOURNE, 11 JANUARY 2017

Application for approval of the Carey Mining Tropicana Surface Mining Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Carey Mining Tropicana Surface Mining Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Carey Mining Pty Ltd. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2017. The nominal expiry date of the Agreement is 10 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Carey Mining Pty Ltd applied to the Fair Work Commission for approval of the Carey Mining Tropicana Surface Mining Enterprise Agreement 2016. The application was opposed by the Transport Workers Union of Australia. The matter was heard by the Commission in Brisbane, and the Commission found in favour of Carey Mining. The issue before the Commission was whether the application for approval of the enterprise agreement complied with the statutory requirements for such approval, and if the agreement was likely to have a detrimental effect on the employees covered by it. The Commission found that the application complied with the statutory requirements, and that there was no evidence that the agreement was likely to have a detrimental effect on the employees. The Commission approved the Carey Mining Tropicana Surface Mining Enterprise Agreement 2016. The Commission made an order approving the enterprise agreement, and dismissed the application by the Transport Workers Union of Australia for its disapproval.

Carey Mining 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