DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Easternwell WA Pty Ltd T/A Easternwell Minerals
(AG2014/8330)

MINERALS WEST ENTERPRISE AGREEMENT 2014

Mining industry
COMMISSIONER WILLIAMS	PERTH, 17 DECEMBER 2014

Application for approval of the Minerals West Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Minerals West 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 Easternwell WA Pty Ltd T/A Easternwell Minerals. 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 24 December 2014. The nominal expiry date of the Agreement is 17 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Easternwell WA Pty Ltd, trading as Easternwell Minerals, applied to the Fair Work Commission for approval of the Minerals West Enterprise Agreement 2014. The applicant argued that the agreement should be certified as applicable to its employees, given that the majority of them were covered by the agreement. The dispute arose from the application's procedural correctness and the agreement's compliance with the Fair Work Act 2009.

The legal issues before the court encompassed whether the application was lodged within the prescribed timeframe and whether the agreement adhered to the legislative requirements under the Fair Work Act. The court also needed to determine if the application had been made in good faith and if the agreement was consistent with the principles of the Act, including provisions concerning employee representation and the fairness of the agreement's terms.

Upon reviewing the application and the supporting documents, the Fair Work Commission found that the application was lodged within the statutory period and was made in good faith. The Commission determined that the agreement met the necessary legislative requirements and was consistent with the principles of the Act. The majority of employees were found to be covered by the agreement, and no significant objections were raised by any party regarding the fairness or representation of the agreement. Consequently, the Commission approved the application and certified the Minerals West Enterprise Agreement 2014 as applicable to the employees of Easternwell Minerals.

The final orders of the Commission included the certification of the agreement, effective from the date of the decision, and mandated that the applicant provide a copy of the certified agreement to the Fair Work Ombudsman and to all affected employees within the stipulated timeframe.

Easternwell WA Pty Ltd T/A Easternwell Minerals

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established