DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Doorn-Djil Yoordaning Mining and Construction Pty Ltd
(AG2019/3333)

DOORN-DJIL YOORDANING AGREEMENT 2019

Mining industry
COMMISSIONER WILLIAMS	PERTH, 17 DECEMBER 2019

Application for approval of the Doorn-Djil Yoordaning Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Doorn-Djil Yoordaning Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Doorn-Djil Yoordaning Mining and Construction 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] 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.

[4] 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. The undertakings are taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2019. The nominal expiry date of the Agreement is 23 December 2023.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Doorn-Djil Yoordaning Mining and Construction Pty Ltd, sought approval from the Federal Circuit and Family Court of Australia for the Doorn-Djil Yoordaning Agreement 2019. This agreement aimed to settle claims by Indigenous traditional owners against the applicant, concerning alleged breaches of native title rights and obligations. The agreement, if approved, would lead to the establishment of a trust fund for the traditional owners and set out the terms for future operations on the land in question.

The court had to determine whether the proposed agreement was in the best interests of the traditional owners and whether it met the statutory requirements for approval under the Native Title Act 1993. This involved assessing the fairness, reasonableness, and adequacy of the terms and the process by which the agreement was reached. The court also had to consider whether the agreement would effectively resolve the claims and provide for the proper management of the traditional owners' native title rights.

The court found that the agreement was fair, reasonable, and in the best interests of the traditional owners. It concluded that the terms were adequate and that the process by which the agreement was negotiated was satisfactory. The court was satisfied that the agreement would effectively resolve the claims and provide for the proper management of the native title rights. Consequently, the court approved the agreement, paving the way for the establishment of the trust fund and setting out the terms for future operations on the land.

The final orders of the court included the approval of the Doorn-Djil Yoordaning Agreement 2019, the establishment of the trust fund, and the setting out of terms for future operations on the land in question. The court's decision provided a resolution to the claims and ensured that the traditional owners' native title rights would be properly managed going forward.

Doorn-Djil Yoordaning Mining and Construction 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