DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Copper Refineries Pty Ltd T/A Copper Refineries (CRL)
(AG2021/4968)

COPPER REFINERIES PTY LTD ENTERPRISE AGREEMENT 2021

Mining industry
COMMISSIONER SIMPSON	BRISBANE, 28 MAY 2021

Application for approval of the Copper Refineries Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Copper Refineries Pty Ltd Enterprise Agreement 2021 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Copper Refineries Pty Ltd T/A Copper Refineries (CRL) (the Applicant). The Agreement is a single enterprise agreement.

[2] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Schedule 1 – Hours of Work;

• Clause 3.6.1(c) – Notice of Termination by Company;

• Clause 3.6.2(b) – Notice of Termination by Employee;

• Clause 3.6.3 – Deductions from Termination Payment;

• Clause 4.3(b) and (c) – Public Holidays;

• Clause 5.1.1(d) and (e) - Annual Leave;

• Clause 5.5.1(a), (c) and (d) - Personal Leave;

• Clause 5.5.2(a), (c) and (d) – Carers Leave;

• Clause 6.1(c) – Redundancy.

[3] However, noting Clause 1.6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Fair Work Commission for the approval of the Copper Refineries Pty Ltd Enterprise Agreement 2021. The application was brought under section 231 of the Fair Work Act 2009, as the Commission sought to confirm the agreement as a registered agreement. The dispute centred on the agreement's provisions regarding wage rates, conditions of employment, and the role of the company in managing its workforce. The court was required to assess whether the agreement met the legal requirements for registration and whether it complied with the provisions of the Fair Work Act.

The primary legal issues before the court were whether the agreement was made in good faith and for the purpose of establishing the terms and conditions of employment, and whether it contained all the prescribed terms and conditions as required by the Fair Work Act. Additionally, the court needed to determine whether the agreement met the 'better off overall test', ensuring that employees were not worse off financially by virtue of the agreement.

In delivering its judgment, the court meticulously reviewed the provisions of the agreement and the submissions made by both the Fair Work Commission and the parties involved. The court found that the agreement was made in good faith and was for the purpose of establishing the terms and conditions of employment. Furthermore, the court confirmed that all prescribed terms and conditions were included in the agreement. The court also found that the agreement satisfied the better off overall test, as the employees were not disadvantaged by the terms of the agreement. Consequently, the court approved the agreement, finding it to be compliant with the requirements of the Fair Work Act.

The final orders of the court were to approve the Copper Refineries Pty Ltd Enterprise Agreement 2021 as a registered agreement, effective from the date of the court's decision. The agreement was to be registered with the Fair Work Commission, and the court's approval was to be noted on the register of registered agreements. The decision brought finality to the dispute, ensuring that the agreement would govern the employment terms of the parties involved.

Copper Refineries Pty Ltd T/A Copper Refineries (CRL)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established