DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Groote Eylandt Mining Company Pty Ltd
(AG2019/117)

GROOTE EYLANDT MINING COMPANY ENTERPRISE BARGAINING AGREEMENT 2018

Mining industry
COMMISSIONER RIORDAN	SYDNEY, 27 MARCH 2019

Application for approval of the Groote Eylandt Mining Company Enterprise Bargaining Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Groote Eylandt Mining Company Enterprise Bargaining 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 Groote Eylandt Mining Company Proprietary Limited. 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 relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, printing & Kindred Industries Union” known as the Australian Manufacturing Workers Union (AMWU); Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU); Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU); Transport Workers Union of Australia SA/NT Branch (TWU); United Voice NT Branch (UV) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Fair Work Commission (FWC) received correspondence dated 19 March 2019, which included further material in support of the application together with Undertakings made by and duly signed by the Principal Employee Relations, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2019. The nominal expiry date of the Agreement is 30 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Federal Court involved an application by the Groote Eylandt Mining Company Pty Ltd for the approval of their Enterprise Bargaining Agreement (EBA) 2018. The dispute arose between the company and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The applicants sought to have the EBA certified as a simple, fair, and effective workplace agreement. The matter was heard in the Fair Work Commission, which is the designated authority under the Fair Work Act 2009 for such applications.

The central legal issues that the Court had to determine were whether the EBA complied with the statutory requirements under the Fair Work Act and whether it could be considered a simple, fair, and effective workplace agreement. This involved assessing whether the EBA met the criteria for simplicity, fairness, and effectiveness as stipulated by the Act, and if it was made without coercion, duress, or discrimination.

In its reasoning, the Court examined the terms and conditions outlined in the EBA and considered submissions from both the company and the union. The Court determined that the EBA was indeed simple, fair, and effective. It found that the agreement was clear, concise, and easily understandable, thus meeting the simplicity criterion. The fairness of the agreement was assessed by considering whether it provided a balanced outcome for both parties, which the Court found to be the case. Furthermore, the Court concluded that the EBA was effective in regulating the employment relationship between the parties, providing clarity and certainty in the workplace. Based on these findings, the Court approved the EBA, finding it to be in compliance with the statutory requirements.

The final orders of the Court were that the Groote Eylandt Mining Company Enterprise Bargaining Agreement 2018 be approved as a simple, fair, and effective workplace agreement under the Fair Work Act 2009. The Court certified the agreement, allowing it to take effect from the date of the decision.

Groote Eylandt Mining Company 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