HMS Australia Operations Pty Ltd Summary

[2022] FWCA 1596

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

HMS Australia Operations Pty Ltd

(AG2022/1368)

Hanwha Mining Services Clermont Mine Operations Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 16 MAY 2022

Application for approval of the Hanwha Mining Services Clermont Mine Operations Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Hanwha Mining Services Clermont Mine Operations Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by HMS Australia Operations Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving 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 the CFMMEU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of HMS Australia Operations Pty Ltd involved the application for the approval of the Hanwha Mining Services Clermont Mine Operations Enterprise Agreement 2022. The dispute arose as a result of disagreements between the employer and the employees' representatives regarding the terms of the proposed agreement, and the application was heard by the Fair Work Commission. The legal issues that the court had to address pertained to the fairness and validity of the agreement, including whether it complied with the necessary legislative requirements and whether it met the standards of procedural fairness.

The Fair Work Commission considered the arguments presented by both parties and evaluated the agreement based on various statutory criteria. The court examined the process by which the agreement was negotiated, the level of employee involvement, and whether the agreement contained all the mandated minimum terms and conditions. Additionally, the Commission assessed whether the agreement was genuinely negotiated and if it had been applied fairly and consistently. In its decision, the Fair Work Commission determined that the agreement was fair and met the necessary requirements for approval.

The Commission approved the Hanwha Mining Services Clermont Mine Operations Enterprise Agreement 2022, finding that it was negotiated in good faith and contained all the mandated minimum terms and conditions. The court emphasised that the agreement was fair and met the necessary standards of procedural fairness. Consequently, the application for approval was successful, and the agreement was endorsed for implementation. This decision sets a precedent for future enterprise agreements within the mining industry and highlights the importance of ensuring that such agreements are both fair and in compliance with relevant legislation.

HMS Australia Operations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established