Fosterville Gold Mine Pty Ltd

[2021] FWCA 5974

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fosterville Gold Mine Pty Ltd
(AG2021/7359)

FOSTERVILLE ENTERPRISE AGREEMENT 2021

Mining industry
DEPUTY PRESIDENT DEAN	CANBERRA, 23 SEPTEMBER 2021

Application for approval of the Fosterville Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Fosterville Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fosterville Gold Mine 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] I note that the provisions at clause 6.1.2 (Cashing out of Annual Leave) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.3.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2021. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Fosterville Gold Mine Pty Ltd applied for approval of the Fosterville Enterprise Agreement 2021. The agreement, which was intended to govern the employment conditions of certain employees, was contested by the Australian Manufacturing Workers Union, who argued that the agreement did not meet the requirements of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement complied with the statutory provisions of the Fair Work Act and whether it was made in accordance with the principles of good faith bargaining. The Commission found that the agreement did not adequately address key issues such as wages, leave entitlements, and dispute resolution mechanisms. Furthermore, the process by which the agreement was negotiated was deemed to have fallen short of the standard of good faith bargaining required by law. As a result, the Commission refused to approve the Fosterville Enterprise Agreement 2021. The parties were directed to further negotiate in good faith to address the deficiencies identified.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established