Doral Mineral Sands Pty Ltd Summary

[2014] FWCA 6609

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Doral Mineral Sands Pty Ltd
(AG2014/6979)

DORAL MINERAL SANDS PTY LTD ENTERPRISE AGREEMENT 2014

Mining industry
COMMISSIONER WILLIAMS	PERTH, 24 SEPTEMBER 2014

Application for approval of the Doral Mineral Sands Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Doral Mineral Sands Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Doral Mineral Sands Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 October 2014. The nominal expiry date of the Agreement is 24 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Doral Mineral Sands Pty Ltd was the applicant in an application before the Fair Work Commission, seeking approval of the Doral Mineral Sands Pty Ltd Enterprise Agreement 2014. The dispute arose between the applicant, a company involved in the mineral sands industry, and its employees. The applicant sought to have the proposed enterprise agreement, which outlined terms and conditions of employment, formally approved by the Commission. The Fair Work Commission was tasked with determining whether the agreement complied with the necessary legal standards and if it was in the best interests of the employees and the company.

The legal issues before the Commission included whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009, such as the necessity for the agreement to provide for a fair and efficient workplace, and whether the agreement was made in good faith and without coercion. Furthermore, the Commission had to consider whether the agreement provided for a proper balance between the interests of the employees and the employer, and whether it was free from any unfair or discriminatory provisions.

The Fair Work Commission found that the Doral Mineral Sands Pty Ltd Enterprise Agreement 2014 was in compliance with the statutory requirements and was made in good faith. The agreement was deemed to provide for a fair and efficient workplace, balancing the interests of both the employees and the employer. The Commission concluded that the agreement was fair and did not contain any discriminatory or unfair provisions. Consequently, the application for approval was granted.

The Fair Work Commission approved the Doral Mineral Sands Pty Ltd Enterprise Agreement 2014, effective from the date of the decision. This approval formalised the terms and conditions of employment as outlined in the agreement, providing certainty and stability to both the employees and the employer in their ongoing relationship.

Doral Mineral Sands Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established