DECISION

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

Fosterville Gold Mines Pty Ltd
(AG2015/4189)

THE FOSTERVILLE ENTERPRISE AGREEMENT 2015

Mining industry
COMMISSIONER SIMPSON	BRISBANE, 14 AUGUST 2015

Application for approval of the Fosterville Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Fosterville Enterprise Agreement 2015 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Forestville Gold Mines Pty Ltd. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

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

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fosterville Gold Mines Pty Ltd recently had an application before the Fair Work Commission, seeking approval for the Fosterville Enterprise Agreement 2015. This application arose from a dispute between the mining company and the Australian Manufacturing Workers' Union concerning the terms and conditions of employment for the workforce. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for minimum terms and conditions as required by the Act, and whether it was made in good faith and without coercion. The Commission also needed to consider if the agreement was appropriate for the bargaining process and if it complied with the procedural fairness requirements. These issues were central to determining the fairness and validity of the proposed agreement.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, concluded that the Fosterville Enterprise Agreement 2015 did not meet the statutory requirements for approval. The Commission found that the agreement failed to provide for minimum terms and conditions, and there were procedural irregularities that indicated a lack of good faith. Consequently, the application for approval was dismissed. The decision highlights the importance of adhering to statutory provisions and maintaining procedural fairness in enterprise bargaining processes.

No specific orders were made beyond the dismissal of the application for approval of the Fosterville Enterprise Agreement 2015. The parties are now required to address the deficiencies identified by the Commission and potentially renegotiate the terms of the agreement to comply with the legal requirements.

Fosterville Gold Mines 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