Edna May Operations Pty Ltd Summary

[2014] FWCA 4527

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Edna May Operations Pty Ltd
(AG2014/1340)

EVOLUTION MINING - EDNA MAY OPERATIONS - ENTERPRISE AGREEMENT

Mining industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 8 JULY 2014

Application for approval of the Evolution Mining - Edna May Operations - Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Evolution Mining - Edna May Operations - Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] Subject to matter I refer to in paragraph [3], 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] Three separate undertakings have been provided by Edna May Operations Pty Ltd in relation to incremental salary increases to the minimum salaries and the application of roster allowances. A copy of the three undertakings is attached at Annexure A, and the undertakings are taken to be terms of the Agreement.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 15 July 2014. The nominal expiry date of the Agreement is 14 July 2017.

SENIOR DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Edna May Operations Pty Ltd was before the Fair Work Commission, where the company sought approval for an enterprise agreement with its employees. The dispute centred around the terms and conditions of employment as proposed in the agreement, which was to govern the relationship between the company and its workers.

The central legal issues revolved around whether the agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the criteria for being a "single interested party agreement" and whether it contained all the mandatory terms and conditions as stipulated by the Act. Additionally, the Commission needed to assess if the agreement had been fairly negotiated and if it provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the proposed agreement did indeed meet all the statutory requirements. It was a single interested party agreement that contained all the mandatory terms and conditions. The Commission was satisfied that the agreement had been fairly negotiated and that it provided for fair and reasonable terms and conditions of employment. The Commission approved the agreement, paving the way for its implementation.

Edna May Operations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established