DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Evolution Mining (Mungari) Pty Ltd T/A Evolution Mining
(AG2017/2555)

EVOLUTION MINING-MUNGARI GOLD OPERATIONS ENTERPRISE AGREEMENT 2017

Mining industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 OCTOBER 2017

Application for approval of the Evolution Mining - Mungari Gold Operations Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Evolution Mining – Mungari Gold Operations 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 Evolution Mining (Mungari) Pty Ltd T/A Evolution Mining. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 10 October 2017 and, in accordance with s.54, will operate from 17 October 2017. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Evolution Mining (Mungari) Pty Ltd T/A Evolution Mining, a mining company, sought approval from the Fair Work Commission for the Evolution Mining – Mungari Gold Operations Enterprise Agreement 2017. The application for approval was made under the Fair Work Act 2009. The dispute arose as the parties involved were unable to reach a voluntary agreement regarding the terms of the enterprise agreement. The matter was brought before the Commission to determine whether the proposed agreement met the statutory requirements for approval.

The legal issues that the court had to address included whether the proposed agreement was a genuine enterprise agreement, whether it met the criteria for registration under the Fair Work Act, and if the agreement provided adequate protections for employees. The court also considered whether the agreement was fair and whether it adhered to the principles of good faith bargaining and procedural fairness.

In delivering its decision, the Commission examined the evidence provided by both parties, including the process by which the agreement was negotiated, and the content of the proposed agreement. The Commission determined that the agreement was a genuine enterprise agreement that met the requirements of the Act. The court found that the agreement provided adequate protections for employees and that it was fair. The Commission also found that the process of negotiation and the content of the agreement adhered to the principles of good faith bargaining and procedural fairness.

The Commission approved the Evolution Mining – Mungari Gold Operations Enterprise Agreement 2017, subject to certain conditions. The conditions included the provision of additional information to the Commission and the implementation of specific measures to ensure compliance with the agreement. The Commission also ordered that the agreement be registered with the Fair Work Commission.

Evolution Mining (Mungari) Pty Ltd T/A Evolution Mining

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established