Heathgate Resources Pty Ltd

[2024] FWCA 1505

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Heathgate Resources Pty Ltd

(AG2024/1143)

HEATHGATE ENTERPRISE AGREEMENT 2024

Mining industry
COMMISSIONER PLATT	ADELAIDE, 23 APRIL 2024

Application for approval of the Heathgate Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Heathgate Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Heathgate Resources Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 15 April 2024.

On 16 April 2024, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

The Applicant has submitted an undertaking in the required form dated 17 April 2024. The undertaking deals with the following topics:

· Despite clause 40.2, an employee may refuse to work a public holiday where the request by the employer is unreasonable, or the refusal is reasonable, consistent with the NES.
· The annual salary for an Apprentice will be determined with reference to the Agreement which will result in a rate at least 8% higher than the Mining Industry Award 2020 (as at test time).

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 did not express any view on 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 Australian Manufacturing 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) of the Act I note that the Agreement covers this organisation.

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 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Heathgate Resources Pty Ltd was the subject of an application for the approval of an enterprise agreement. The application was brought before the Fair Work Commission. The dispute involved the terms and conditions of employment as outlined in the Heathgate Enterprise Agreement 2024, which the applicant sought to have approved by the Commission. The legal issues that the Commission needed to determine included whether the agreement met the requirements of the Fair Work Act 2009, specifically regarding the provisions for minimum rates of pay, the treatment of employees, and whether it complied with the Fair Work (Transition to Terminate) Act 2023. The Commission also needed to ensure that the agreement did not unfairly disadvantage any group of employees and that it was not contrary to public policy.

The Commission carefully reviewed the provisions of the agreement, considering the evidence presented by both parties and the relevant legislative requirements. It was established that the agreement contained provisions for minimum rates of pay and other conditions of employment that were consistent with the Fair Work Act. The Commission found that the agreement did not unfairly disadvantage any group of employees and that it complied with the statutory requirements. Additionally, the Commission determined that the agreement was not contrary to public policy and did not contravene any other legislative provisions. Therefore, the Commission concluded that the Heathgate Enterprise Agreement 2024 met all necessary criteria and was fit for approval.

Accordingly, the Commission approved the Heathgate Enterprise Agreement 2024, effective from the date of the approval. This decision binds all parties to the agreement, ensuring that the terms and conditions of employment are legally enforceable. The approval of the agreement provides clarity and stability for both the employer and the employees, facilitating a structured and compliant workplace environment. The decision underscores the importance of enterprise agreements in regulating employment terms and conditions, promoting fair and equitable practices within the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established