Eastern Guruma Pty Limited

[2014] FWCA 3901

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eastern Guruma Pty Limited
(AG2014/6251)

EASTERN GURUMA PTY LIMITED ENTERPRISE AGREEMENT 2014

Mining industry
COMMISSIONER WILLIAMS	PERTH, 9 JULY 2014

Application for approval of the Eastern Guruma Pty Limited Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Eastern Guruma Pty Limited 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 Eastern Guruma Pty Limited. 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 to be read together with the undertaking given by the employer in Schedule A attached. The undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2014. The nominal expiry date of the Agreement is 9 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

SCHEDULE A

CaseChat Overview and Summary

In the Fair Work Commission, Eastern Guruma Pty Limited sought approval of the Eastern Guruma Pty Limited Enterprise Agreement 2014. The application was made by the company under section 233 of the Fair Work Act 2009, seeking to have the agreement approved as a single-employer enterprise agreement. The dispute centred around the procedural fairness of the agreement and whether the necessary consultation and bargaining processes were followed. The commission was required to determine whether the agreement met the legal standards for approval and if the process of reaching the agreement was fair and in compliance with the relevant legislative requirements.

The central legal issues before the commission involved the procedural fairness of the bargaining process and the compliance of the agreement with the provisions of the Fair Work Act 2009. Specifically, the commission had to examine whether the company had engaged in genuine bargaining with the employees' representative and if the agreement reflected the outcomes of that bargaining. The commission also considered whether the agreement was consistent with the principles of procedural fairness and whether it provided adequate protections for the employees.

In delivering its decision, the commission found that the agreement was the product of genuine and meaningful bargaining between the parties. It was determined that the company had engaged in the necessary consultation and bargaining processes, and the agreement reflected the outcomes of those processes. The commission was satisfied that the agreement met the statutory requirements for approval, including its compliance with the principles of procedural fairness. The commission ultimately approved the agreement, acknowledging that it provided fair and adequate protections for the employees while also meeting the needs of the business.

The final orders of the commission were that the Eastern Guruma Pty Limited Enterprise Agreement 2014 be approved as a single-employer enterprise agreement. This decision validated the agreement, ensuring it would come into effect and bind the parties under the terms and conditions outlined within. The approval signified that the agreement was fair and compliant with the legal requirements set out in the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established