Goldfields Mine Management Pty Ltd T/A GMM Summary

[2014] FWCA 8128

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goldfields Mine Management Pty Ltd T/A GMM
(AG2014/9681)

GOLDFIELDS MINE MANAGEMENT PTY LTD ENTERPRISE AGREEMENT 2014

Mining industry
COMMISSIONER WILLIAMS	PERTH, 20 NOVEMBER 2014

Application for approval of the Goldfields Mine Management Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Goldfields Mine Management Pty Ltd 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 Goldfields Mine Management Pty Ltd T/A GMM. The Agreement is a single-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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2014. The nominal expiry date of the Agreement is 20 November 2018

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Goldfields Mine Management Pty Ltd, trading as GMM, applied for the approval of the Goldfields Mine Management Pty Ltd Enterprise Agreement 2014 before the Fair Work Commission. The dispute arose from negotiations between GMM and its employees, leading to the proposed enterprise agreement which required Fair Work Commission’s approval under the Fair Work Act 2009. The primary issue was whether the proposed agreement met the statutory requirements for approval, including whether it provided for the protection of employees' rights and entitlements and whether it was made in good faith and without coercion.

The Fair Work Commission examined the terms of the agreement, the negotiation process, and the evidence presented by both parties. The Commission considered whether the agreement provided for fair and reasonable terms, including wages and conditions that were no worse off than those provided under the applicable award or safety net award. The Commission also assessed whether there was compliance with the procedural fairness requirements, including the provision of relevant information to the employees and their representatives, and whether the agreement was made without undue influence or coercion. Ultimately, the Commission determined that the proposed agreement did meet the statutory requirements and was approved.

The Fair Work Commission found that the Goldfields Mine Management Pty Ltd Enterprise Agreement 2014 was made in good faith and without coercion, and it provided for fair and reasonable terms for the employees. The agreement was deemed to comply with the statutory requirements under the Fair Work Act 2009. The Commission approved the agreement, allowing it to come into effect as a registered agreement.

Goldfields Mine Management Pty Ltd T/A GMM

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established