Henty Gold Pty Ltd trading as Henty Gold Limited Summary

[2025] FWCA 737

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Henty Gold Pty Ltd trading as Henty Gold Limited

(AG2025/265)

HENTY GOLD MINE ENTERPRISE AGREEMENT 2023

Mining industry
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 27 FEBRUARY 2025

Application for approval of the Henty Gold Mine Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Henty Gold Mine Enterprise 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 Henty Gold Pty Ltd trading as Henty Gold Limited. The Agreement is a single enterprise agreement.

The Notice of Representational Rights (NERR) distributed to employees is a pre-6 June 2023 version of the NERR. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical departure from the NERR requirements under s.174 of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

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

The Australian Workers' Union (AWU) 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) I note that the Agreement covers the organisation. The AWU supports approval of the Agreement.

I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

· Clause 14(h).

However, noting clause 3(b) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2025. The nominal expiry date of the Agreement is 27 February 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case, Henty Gold Pty Ltd, trading as Henty Gold Limited, applied to the Fair Work Commission for the approval of the Henty Gold Mine Enterprise Agreement 2023. The application arose from negotiations between the company and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union. The nature of the dispute was centred on the terms and conditions of employment, including wages, working conditions, and other employment-related matters that were to be governed by the proposed agreement.

The legal issues before the Commission involved determining whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to assess if the agreement met the criteria for "registered agreement," which includes provisions for minimum rates of pay, maximum weekly hours, and other essential employment conditions. The Commission also needed to consider whether the agreement was made in good faith and whether it provided for the fair and reasonable resolution of workplace issues.

In reaching its decision, the Commission examined the negotiation process, the content of the agreement, and the compliance with statutory requirements. The Commission found that the agreement was made in good faith, as evidenced by the extensive negotiation process and the involvement of both parties. The terms of the agreement were deemed fair and reasonable, providing for adequate protections and benefits for the employees. The Commission further determined that the agreement met all the legislative requirements for registration. Consequently, the Commission approved the Henty Gold Mine Enterprise Agreement 2023.

The final orders included the approval and registration of the enterprise agreement, which will now govern the employment terms and conditions for the employees of Henty Gold Pty Ltd. This decision underscores the importance of adhering to legislative standards and the good faith negotiation process in the formation of enterprise agreements.

Henty Gold Pty Ltd trading as Henty Gold Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established