DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G&G Mining Fabrication Pty Ltd
(AG2019/1549)

G&G MINING ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 JULY 2019

Application for approval of the G&G Mining Enterprise Agreement 2019.

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

[2] The Employer 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 24 July 2019 and, in accordance with s.54, will operate from 31 July 2019. The nominal expiry date of the Agreement is 23 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

G&G Mining Fabrication Pty Ltd recently had an application for the approval of the G&G Mining Enterprise Agreement 2019 heard in the Fair Work Commission. The parties involved were G&G Mining Fabrication Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around whether the proposed agreement complied with the necessary legal and procedural requirements for its approval under the Fair Work Act 2009. The Court was required to determine if the agreement met the necessary standards, particularly focusing on whether it complied with the provisions of the Act, and if the bargaining process adhered to the principles of good faith and freedom of choice.

The primary legal issues addressed by the Court were whether the agreement was genuinely negotiated and if it contained all the mandatory terms and conditions required by the Fair Work Act. Additionally, the Court needed to assess whether the agreement was fair and reasonable, taking into account the interests of both employers and employees. The Court also examined whether the necessary procedural requirements, such as providing adequate notice and opportunity for consultation, were met during the negotiation and finalisation of the agreement. The Court's decision was influenced by the principles of fairness and the statutory obligations set out in the Act.

In delivering the decision, the Court found that the agreement was genuinely negotiated in good faith and contained all the mandatory terms as required by the Fair Work Act. The Court further determined that the agreement was fair and reasonable, balancing the interests of both parties. The Court was satisfied that the procedural requirements were adequately met, including the provision of adequate notice and opportunities for consultation. Consequently, the Court approved the G&G Mining Enterprise Agreement 2019, confirming its compliance with the statutory requirements and its fairness.

G&G Mining Fabrication 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