Endeavor Operations Pty Ltd

[2013] FWCA 7450

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Endeavor Operations Pty Ltd
(AG2013/9368)

ENDEAVOUR MINE ENTERPRISE AGREEMENT

Mining industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 25 SEPTEMBER 2013

Application for approval of the Endeavor Mine Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Endeavor Mine Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[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 The Australian Workers’ Union (AWU), being bargaining a representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 2 October 2013. The nominal expiry date of the Agreement is 1 October 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Endeavor Operations Pty Ltd was the applicant in a matter before the Fair Work Commission. The applicant sought approval for the Endeavor Mine Enterprise Agreement. The respondents were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and its members employed at the Endeavor Mine. The dispute centered around whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The key legal issues the Commission had to address included whether the agreement was made in good faith, whether it contained the necessary minimum terms and conditions, and whether the agreement was free from prohibited content. Additionally, the Commission needed to determine whether the proper procedural requirements were met in the making of the agreement.

The Commission held that the agreement was made in good faith and contained the required minimum terms and conditions. It found that the agreement did not contain any prohibited content and that the proper procedural requirements had been adhered to. The Commission was satisfied that the agreement was fair and reasonable and therefore approved it. The decision was based on the evidence presented and the application of relevant sections of the Fair Work Act 2009.

The Fair Work Commission approved the Endeavor Mine Enterprise Agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees of Endeavor Operations Pty Ltd at the Endeavor Mine.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established