Copper Refineries Pty Ltd

[2017] FWCA 3407

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Copper Refineries Pty Ltd

(AG2017/1581)

Copper Refineries Pty Ltd Enterprise Agreement 2017

Mining industry
Commissioner Gregory	MELBOURNE, 26 JUNE 2017

Application for approval of the Copper Refineries Pty Ltd Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Copper Refineries Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Copper Refineries Pty Ltd. The Agreement is a single enterprise agreement.

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.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2017. The nominal expiry date of the Agreement is 25 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Copper Refineries Pty Ltd Enterprise Agreement 2017. The applicant, Copper Refineries Pty Ltd, sought approval of the agreement under section 233 of the Fair Work Act 2009. The respondents included the Australian Manufacturing Workers' Union, representing the employees, and the Fair Work Ombudsman. The dispute centred on the terms and conditions of employment, the dispute resolution mechanisms, and the overall fairness of the agreement.

The primary legal issues the Commission had to address were whether the agreement met the requirements of section 230 of the Fair Work Act, including that it provided for a fair and efficient workplace, and whether it was made in good faith. The Commission also considered whether the agreement provided for a fair process for resolving disputes, and if it contained all the prescribed terms and conditions. The interpretation of the bargaining period and the process of good faith bargaining were central to the Commission's decision.

In its decision, the Commission found that the agreement did meet the statutory requirements for approval. The Commission noted that the agreement provided for a fair and efficient workplace and contained all prescribed terms and conditions. The bargaining process was deemed to be conducted in good faith, and the dispute resolution mechanisms were considered to be fair. The Commission also found that the agreement did not disadvantage any party and provided for adequate protections for employees. Consequently, the Commission approved the Enterprise Agreement, highlighting the importance of fair and efficient workplace practices.

The final orders of the Commission were that the Copper Refineries Pty Ltd Enterprise Agreement 2017 be approved and registered. The agreement was to take effect from the date of the Commission's decision, and all parties were directed to comply with its terms. The approval was subject to the agreement being registered with the Fair Work Commission and the terms being implemented in accordance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established