DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Edna May Operations Pty Ltd T/A Evolution Mining - Edna May Operations
(AG2017/2405)

EVOLUTION MINING - EDNA MAY OPERATIONS - 2017 ENTERPRISE AGREEMENT

Mining industry
COMMISSIONER WILSON	MELBOURNE, 17 AUGUST 2017

Application for approval of the Edna May Operations - 2017 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Edna May Operations - 2017 Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Edna May Operations Pty Ltd T/A Evolution Mining - Edna May Operations. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2017. The nominal expiry date of the Agreement is 16 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Edna May Operations Pty Ltd trading as Evolution Mining - Edna May Operations, applied for approval of the 2017 Enterprise Agreement under the Fair Work Act 2009. The agreement was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Fair Work Commission heard the application and was required to determine whether the agreement met the requirements of the Act.

The central issue before the Commission was whether the agreement contained an appropriate process for resolving disputes between the parties. The CFMEU argued that the agreement did not provide an adequate dispute resolution mechanism, as it did not include a mandatory pre-strike ballot for protected industrial action. The applicant, on the other hand, contended that the agreement was fair and appropriate, as it contained other mechanisms for resolving disputes, such as conciliation and mediation.

After considering the arguments of both parties, the Commission found that the agreement did not provide a mandatory pre-strike ballot for protected industrial action, as required by section 250(1)(c) of the Act. However, the Commission also found that the agreement contained other mechanisms for resolving disputes, such as conciliation and mediation, which were effective and appropriate. The Commission was satisfied that the agreement met the requirements of the Act and approved it.

The Commission approved the 2017 Enterprise Agreement, subject to certain conditions and modifications. The applicant was required to implement the mandatory pre-strike ballot process for protected industrial action, as required by section 250(1)(c) of the Act. The applicant was also required to provide the CFMEU with certain information and access to the workplace, as required by the Act. The CFMEU was required to take any disputes relating to the agreement to the Commission, rather than taking protected industrial action.

Edna May Operations Pty Ltd T/A Evolution Mining - Edna May Operations

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established