Groote Eylandt Mining Company Pty Ltd T/A GEMCO

[2022] FWCA 872

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Groote Eylandt Mining Company Pty Ltd T/A GEMCO

(AG2022/583)

Groote Eylandt Mining Company Enterprise Bargaining Agreement 2021

Mining industry
COMMISSIONER PLATT	ADELAIDE, 15 MARCH 2022

Application for approval of the Groote Eylandt Mining Company Enterprise Bargaining Agreement 2021

An application has been made for approval of an enterprise agreement known as the Groote Eylandt Mining Company Enterprise Bargaining Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Groote Eylandt Mining Company Pty Ltd T/A GEMCO (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 10 March 2022 and was determined on the papers.

The Applicant has submitted an undertaking in the required form dated 14 Mach 2022. The undertaking deals with the following topics:

· The definition of a shift worker will be for the purposes of the National Employment Standards (NES).

A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded supported the undertaking.

The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), Transport Workers’ Union (TWU), “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), United Workers’ Union (UWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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) of the Act I note that the Agreement covers these organisations.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Groote Eylandt Mining Company, trading as GEMCO, which sought approval of the Groote Eylandt Mining Company Enterprise Bargaining Agreement 2021. The application was heard in the Fair Work Commission, an Australian workplace relations tribunal. The dispute centered around whether the proposed enterprise bargaining agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues that the court needed to address included whether the agreement contained all the prescribed minimum terms and conditions required by the Act, and whether it was made in good faith and without coercion. Furthermore, the court had to consider whether the agreement would facilitate improved productivity, efficiency, and profitability of the employer, and if it provided for a fair and efficient method of dispute resolution.

The Fair Work Commission determined that the agreement contained all the prescribed minimum terms and conditions and was made in good faith. The Commission also found that the agreement would facilitate improved productivity and efficiency and provided for an effective dispute resolution process. The Commission approved the agreement, noting the need for continued good faith bargaining and adherence to the principles of the Fair Work Act. The final order was that the Groote Eylandt Mining Company Enterprise Bargaining Agreement 2021 be approved and registered under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established