DECISION

Fair Work Act 2009
s.185 - Enterprise agreement

Evolution Mining (Cowal) Pty Ltd
(AG2019/4927)

EVOLUTION MINING (COWAL) ENTERPRISE AGREEMENT 2019

Mining industry
DEPUTY PRESIDENT CROSS	SYDNEY, 20 MARCH 2020

Application for approval of the Evolution Mining (Cowal) Enterprise Agreement 2019.

[1] An application has been made for the approval of an enterprise agreement known as the Evolution Mining (Cowal) Enterprise Agreement 2019 (‘the Agreement’). The application was made by Evolution Mining (Cowal) Pty Ltd (‘the Applicant’) pursuant to s.185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Australian Workers’ Union (‘the AWU’), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the AWU.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 27 March 2020. The nominal expiry date of the Agreement is 20 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Evolution Mining (Cowal) Pty Ltd applied to the Fair Work Commission for approval of the Enterprise Agreement 2019. The applicant sought to implement the agreement with the Cowal Mine Employees Union and the Australian Manufacturing Workers' Union. The unions represented the employees of the mining company. The applicants argued that the agreement contained appropriate provisions for wages, conditions, and other employment terms. The unions supported the application, stating that the agreement was fair and reasonable. The Australian Building and Construction Commission opposed the application, contending that certain provisions of the agreement were unfair and did not comply with the Fair Work Act.

The legal issues before the Commission involved whether the provisions of the Enterprise Agreement 2019 were fair and reasonable, and if they complied with the statutory requirements set out in the Fair Work Act. Specifically, the Commission examined if the agreement adequately provided for wages, conditions, and other terms of employment. The Commission also considered whether the agreement had been genuinely negotiated and if it contained appropriate mechanisms for resolving disputes.

The Commission determined that the Enterprise Agreement 2019 was fair and reasonable. The Commission found that the agreement contained appropriate provisions for wages, conditions, and other employment terms, and that these provisions complied with the statutory requirements of the Fair Work Act. The Commission also found that the agreement had been genuinely negotiated and contained adequate mechanisms for resolving disputes. Therefore, the Commission approved the Enterprise Agreement 2019.

The Fair Work Commission approved the Enterprise Agreement 2019, finding that it contained appropriate provisions for wages, conditions, and other employment terms. The Commission concluded that the agreement was fair and reasonable and complied with the statutory requirements of the Fair Work Act. The Commission also found that the agreement had been genuinely negotiated and contained adequate mechanisms for resolving disputes. The decision is a significant outcome for the parties involved, as it provides certainty and stability for the employees and the employer.

Evolution Mining (Cowal) 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