Evolution Mining Ltd t/a Lion Mining Pty Ltd Summary

[2013] FWCA 2148

FAIR WORK COMMISSION

DECISION

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

Evolution Mining Ltd t/a Lion Mining Pty Ltd
(AG2013/708)

EVOLUTION MINING - CRACOW ENTERPRISE BARGAINING AGREEMENT 2012

Mining industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 9 APRIL 2013

Application for approval of the Evolution Mining - Cracow Enterprise Bargaining Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Evolution Mining - Cracow Enterprise Bargaining Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Evolution Mining Ltd t/a Lion Mining Pty Ltd. The agreement is a single-enterprise agreement.

[2] 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] On 5 April 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 16 April 2013. The nominal expiry date of the Agreement is 9 April 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Evolution Mining Limited, trading as Lion Mining Pty Ltd, was before the Fair Work Commission in an application for the approval of the Evolution Mining – Cracow Enterprise Bargaining Agreement 2012. The application arose due to a dispute over whether the proposed agreement adequately addressed the terms and conditions of employment for the workers at the Cracow mine. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement was in the best interests of the employees, taking into account the principles of the Fair Work Act and the specific provisions related to enterprise bargaining. This involved assessing the fairness of the terms, the process by which the agreement was made, and whether it provided for the proper regulation of employment conditions. Additionally, the Commission had to consider if the agreement complied with the requirements for registration and whether it provided for the protection of employees' rights and interests.

The Fair Work Commission found that the proposed agreement met the necessary criteria for approval. The Commission was satisfied that the agreement was made in good faith and that it provided for the proper regulation of employment conditions. The terms of the agreement were deemed fair and balanced, taking into account the interests of both the employer and the employees. The process by which the agreement was negotiated and finalised was found to be transparent and inclusive, involving genuine consultation between the parties. Consequently, the Commission approved the Evolution Mining – Cracow Enterprise Bargaining Agreement 2012 for registration.

Evolution Mining Ltd t/a Lion Mining Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established