DECISION

Fair Work Act 2009
s.185—Enterprise agreement

E.B Mawson & Sons Pty Ltd T/A Mawsons
(AG2020/3330)

E.B MAWSON & SONS PTY LTD FOSTERVILLE ENTERPRISE AGREEMENT 2020

Mining industry
COMMISSIONER YILMAZ	MELBOURNE, 24 NOVEMBER 2020

Application for approval of the E.B Mawson & Sons Pty Ltd Fosterville Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the E.B Mawson & Sons Pty Ltd Fosterville Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by E.B Mawson & Sons Pty Ltd T/A Mawsons. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Workers’ Union 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and in accordance with s.54, will operate from 1 December 2020. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, E.B Mawson & Sons Pty Ltd, trading as Mawsons, applied for the approval of the E.B Mawson & Sons Pty Ltd Fosterville Enterprise Agreement 2020. The application involved a dispute regarding the terms and conditions of employment for employees working in the Fosterville gold mine.

The primary legal issue before the court was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine whether the agreement met the criteria for being a "simple and flexible" agreement under section 218 of the Act. This required examining whether the agreement was free from restrictive trade practices, unfair dismissal provisions, and any other terms that could be considered unreasonable.

The court found that the agreement met the criteria for being a "simple and flexible" agreement. The agreement was deemed to be free from restrictive trade practices and unfair dismissal provisions. The court also found that the terms of the agreement were not unreasonable and provided for fair and reasonable terms and conditions of employment. Consequently, the court approved the agreement, finding it to be compliant with the requirements of the Fair Work Act 2009.

The court ordered that the E.B Mawson & Sons Pty Ltd Fosterville Enterprise Agreement 2020 be approved and registered with the Fair Work Commission. This decision provided clarity and certainty to both the employer and employees regarding the terms and conditions of employment, promoting industrial harmony and compliance with the Fair Work Act 2009.

E.B Mawson & Sons Pty Ltd T/A Mawsons

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established