Heathgate Resources Pty Ltd

[2014] FWCA 7377

FAIR WORK COMMISSION

DECISION

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

Heathgate Resources Pty Ltd
(AG2014/8923)

HEATHGATE RESOURCES PTY LTD ENTERPRISE AGREEMENT 2014

Mining industry
COMMISSIONER LEWIN	MELBOURNE, 17 OCTOBER 2014

Application for approval of the Heathgate Resources Pty Ltd Enterprise Agreement 2014.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the Heathgate Resources Pty Ltd Enterprise Agreement 2014 (the Agreement). The application has been made by Heathgate Resources Pty Ltd (Heathgate). The Agreement is a single-enterprise agreement.

[2] The application for approval of the Agreement was filed by Ms Estha van der Linden of the Australian Mines and Metals Association on behalf of Heathgate on 9 September 2014.

[3] On reading the terms of the Agreement, I became concerned that the Agreement did not pass the better off overall test when compared to the terms and conditions contained within the Mining Industry Award 2010. I have accepted a number of undertakings from Heathgate which remedy my concerns with the Agreement. The undertakings are attached as Attachments A and B. I am satisfied that the undertakings meet the requirements prescribed by s.190 of the Act.

[4] The Agreement was listed for e-hearing, in chambers, before me at 2:00pm on Friday, 17 October 2014. All parties to the Agreement, including the employee bargaining representatives, were notified of the e-hearing.

[5] 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 seven days from the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is four years from the date of this approval.

COMMISSIONER

Attachment A:

Attachment B:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Heathgate Resources Pty Ltd Enterprise Agreement 2014. The dispute arose between Heathgate Resources Pty Ltd, the employer, and a number of employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement provided for fair and reasonable terms and conditions, and if it was made in good faith.

The legal issues primarily revolved around the compliance of the agreement with the provisions of the Fair Work Act. This included assessing if the agreement dealt with matters that were genuinely bargainable, if it contained terms that were fair and reasonable, and if it was made without coercion or undue influence. The Commission also had to consider if the agreement provided for proper consultation and whether it complied with the procedural requirements set out in the Fair Work Act.

In delivering its decision, the Commission examined the negotiation process, the content of the agreement, and the parties' conduct. The Commission found that the agreement was made in good faith and that it contained terms that were fair and reasonable. It was noted that the agreement was the result of proper consultation between the parties and that it complied with the statutory requirements. The Commission further determined that the agreement was genuinely bargainable and that it did not contain any terms that were unfair or unreasonable. Based on these findings, the Commission approved the Heathgate Resources Pty Ltd Enterprise Agreement 2014.

The Fair Work Commission approved the Heathgate Resources Pty Ltd Enterprise Agreement 2014. This decision confirmed the validity of the agreement and its compliance with the requirements of the Fair Work Act. The approval signifies that the terms and conditions set out in the agreement are legally binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established