DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Endeavor Operations Pty Ltd
(AG2017/3308)

ENDEAVOR MINE ENTERPRISE AGREEMENT 2017

Mining industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 31 OCTOBER 2017

Application for approval of the Endeavor Mine Enterprise Agreement 2017.

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

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from Endeavor Operations Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union (AWU) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 November 2017. The nominal expiry date of the Agreement is 31 October 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Endeavor Operations Pty Ltd, the Fair Work Commission was tasked with approving the Endeavor Mine Enterprise Agreement 2017. The application for approval was brought by the employer, Endeavor Operations Pty Ltd, while the Australian Council of Trade Unions and the Construction, Forestry, Maritime, Mining and Energy Union acted as the employees' representatives. The primary dispute centred around the terms and conditions outlined in the proposed agreement, which was to govern the employment of workers at the Endeavor mine.

The legal issues before the Commission included whether the agreement complied with the provisions of the Fair Work Act 2009, particularly sections concerning the coverage of the agreement, the scope of bargaining, and the substantive terms of employment. Further, the Commission had to consider if the agreement provided for appropriate protections for employees, including minimum rates of pay, entitlements, and dispute resolution mechanisms.

After reviewing the submissions and evidence from both parties, the Commission found that the Endeavor Mine Enterprise Agreement 2017 met the necessary legislative requirements. The agreement was deemed to cover all relevant employees, and the bargaining process was found to be fair and in compliance with the Act. The substantive terms of the agreement were considered reasonable and balanced, providing adequate protections and benefits for the employees. Consequently, the Commission approved the agreement, allowing it to come into effect from the specified commencement date.

The final orders of the Commission included the approval of the Endeavor Mine Enterprise Agreement 2017, effective from 1 July 2017. The agreement was to govern the employment conditions for workers at the Endeavor mine, subject to the Fair Work Act 2009 and any relevant regulations.

Endeavor Operations Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established