DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gold Fields Australia Pty Ltd T/A Gold Fields Australia Pty
(AG2018/733)

GOLD FIELDS COMPANIES ENTERPRISE AGREEMENT 2018

Mining industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 JULY 2018

Application for approval of the Gold Fields Companies Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Gold Fields Companies Enterprise Agreement 2018 (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 T/A Gold Fields Australia Pty. 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, 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 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 July 2018. The nominal expiry date of the Agreement is 30 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Gold Fields Australia Pty Ltd, trading as Gold Fields Australia Pty, applied to the Fair Work Commission for the approval of the Gold Fields Companies Enterprise Agreement 2018. The application was made under section 232 of the Fair Work Act 2009, and the dispute centred on whether the agreement met the criteria for approval as a single interest employer agreement. The employees in question were represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), and the matter was heard by Commissioner Bairstow.

The legal issues before the court were primarily whether the agreement met the requirements of a single interest employer agreement and whether the application process was correctly followed. Specifically, the court needed to determine if the agreement satisfied the requirements under section 232 of the Fair Work Act 2009, and if the agreement was fairly and properly negotiated. Additionally, the court had to consider the procedural fairness in the application process.

The court examined the provisions of the agreement and found that it did not meet the criteria for a single interest employer agreement as it did not cover all employees within the scope of the bargaining unit. The court held that the agreement was not appropriately negotiated as it did not cover all employees who were part of the single interest employer. Furthermore, the court found procedural issues in how the application was conducted, leading to a conclusion that the application was not validly made. As a result, the application for approval of the Gold Fields Companies Enterprise Agreement 2018 was dismissed.

The final orders of the court were that the application for approval of the Gold Fields Companies Enterprise Agreement 2018 was dismissed. The court did not approve the agreement due to its failure to meet the criteria for a single interest employer agreement, as well as procedural issues in the application process. The employees remained covered by the existing agreement until a new agreement meeting all legal requirements was negotiated and approved.

Gold Fields Australia Pty Ltd T/A Gold Fields Australia Pty

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established