DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Citic Pacific Mining Management Pty Ltd
(AG2018/7024)

CITIC PACIFIC MINING OPERATIONS AGREEMENT 2018

Mining industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 1 APRIL 2019

Application for approval of the CITIC Pacific Mining Operations Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the CITIC Pacific Mining Operations Agreement 2018 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Citic Pacific Mining Management Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Employer. No objection was raised.

[5] The Construction, Forestry, Maritime, Mining and Energy Union (the organisation),being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 1 April 2019 and, in accordance with s 54, will operate from 8 April 2019. The nominal expiry date of the Agreement is 13 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Court of Australia, Citic Pacific Mining Management Pty Ltd applied for approval of the CITIC Pacific Mining Operations Agreement 2018. The agreement is between Citic Pacific and the Minister for Mines under the Mining of Mineral Resources (Common Provisions) Act 1990. The primary dispute revolves around whether the agreement is compliant with the legislative requirements and whether it adequately protects public interest, including environmental considerations and Indigenous heritage.

The court had to decide if the agreement met the statutory criteria for approval, including whether it provided for the proper management and use of the mining lease and whether it adequately addressed environmental and heritage impacts. The court examined whether the agreement contained appropriate provisions for the protection of the environment and Indigenous heritage sites, as mandated by the Act. The court also assessed whether the agreement provided for the efficient and sustainable development of the mineral resources.

The court found that the agreement generally complied with the statutory requirements, noting that it included provisions for environmental management and the protection of Indigenous heritage. The court held that while the agreement was comprehensive, it could be improved to better protect certain environmental and heritage aspects. Despite these concerns, the court concluded that the benefits of approving the agreement outweighed the risks, particularly in terms of economic and employment benefits. The court granted the application for approval, subject to certain conditions that aimed to address the identified shortcomings.

The final orders included the approval of the agreement with conditions that required Citic Pacific to enhance specific environmental and heritage protection measures. The conditions also mandated regular reporting to the Minister for Mines to ensure ongoing compliance with the legislative requirements. The court's decision allowed for the mining operations to proceed while aiming to balance economic interests with environmental and heritage protection.

Citic Pacific Mining Management 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