Gold Fields Australia Pty Ltd

[2014] FWCA 2298

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gold Fields Australia Pty Ltd
(AG2014/3926)

GOLD FIELDS COMPANIES ENTERPRISE AGREEMENT 2014

Mining industry
COMMISSIONER WILLIAMS	PERTH, 9 APRIL 2014

Application for approval of the Gold Fields Companies Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Gold Fields Companies Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gold Fields Australia Pty Ltd. The Agreement is a multi-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 April 2014. The nominal expiry date of the Agreement is 9 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gold Fields Australia Pty Ltd applied for approval of the Gold Fields Companies Enterprise Agreement 2014. The application was before the Fair Work Commission, which is the body responsible for approving enterprise agreements under the Fair Work Act 2009. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, which argued that the agreement was not in the best interests of the employees it covered.

The legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act and whether it provided for the fair and reasonable terms and conditions of employment. The Commission had to consider whether the agreement provided for minimum rates of pay and conditions that were no less favourable than those provided for in the relevant award or safety net award, whether it provided for procedural fairness in the workplace, and whether it included appropriate dispute resolution mechanisms.

The Commission found that the agreement met the criteria for approval under the Fair Work Act. It determined that the agreement provided for minimum rates of pay and conditions that were no less favourable than those provided for in the relevant award or safety net award, and that it included appropriate dispute resolution mechanisms. The Commission also found that the agreement provided for procedural fairness in the workplace, as it included provisions for consultation and communication between the employer and employees.

The Fair Work Commission approved the Gold Fields Companies Enterprise Agreement 2014, subject to certain modifications. These modifications related to the agreement's provisions on shift differentials and overtime rates of pay, which the Commission found did not meet the safety net entitlements under the relevant award. The Commission ordered that these provisions be amended to provide for the correct rates of pay.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established