Golding Contractors Pty Ltd

[2024] FWCA 148

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Golding Contractors Pty Ltd

(AG2023/5516)

WHYALLA MINING AGREEMENT 2023

Mining industry
COMMISSIONER JOHNS	MELBOURNE, 12 JANUARY 2024

Application for approval of the Whyalla Mining Agreement 2023

An application has been made for approval of an enterprise agreement known as the Whyalla Mining Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Golding Contractors Pty Ltd. The Agreement is a single enterprise agreement.

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

The AMWU, the AWU and the CFMEU being bargaining representatives 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) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2024. The nominal expiry date of the Agreement is 8 July 2027.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved an application by Golding Contractors Pty Ltd for the approval of the Whyalla Mining Agreement 2023. The applicant, a mining contractor, sought to have the agreement approved under relevant state legislation, which governs mining activities. The dispute centred around the procedural fairness and compliance of the agreement with statutory requirements.

The court was tasked with determining whether the application process had been conducted in accordance with the relevant statutory provisions and whether the agreement itself met the necessary legal standards. This included assessing whether the applicant had properly engaged with the community and stakeholders, and whether the agreement adequately addressed environmental and safety concerns. The court also needed to consider whether the terms of the agreement were fair and reasonable.

After examining the evidence and submissions presented, the court concluded that the application process had been conducted fairly and in compliance with the statutory requirements. The agreement was found to be reasonable and to appropriately address the concerns of all stakeholders. The court was satisfied that the applicant had fulfilled its obligations under the legislation and that the agreement met all necessary legal standards. As a result, the court approved the Whyalla Mining Agreement 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established