DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HNC (Australia) Exploration & Mining Pty Limited
(AG2014/10282)

HNC (AUSTRALIA) EXPLORATION AND MINING P/L BROWNS PROJECT ENTERPRISE AGREEMENT 2014

Mining industry
DEPUTY PRESIDENT SMITH	MELBOURNE, 14 JANUARY 2015

Application for approval of the HNC (Australia) Exploration and Mining P/L Browns Project Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the HNC (Australia) Exploration and Mining P/L Browns Project Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by HNC (Australia) Exploration & Mining Pty Limited. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2015. The nominal expiry date of the Agreement is 13 January 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

HNC (Australia) Exploration & Mining Pty Limited sought approval of the HNC (Australia) Exploration and Mining P/L Browns Project Enterprise Agreement 2014 from the Fair Work Commission. The application was brought before Commissioner Cox who, after considering the submissions from both parties, found in favour of the applicant and approved the agreement. The applicant, a mining company, had entered into an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) which represented the majority of its employees. The agreement contained provisions regarding wages, working conditions, and other employment terms and conditions.

The legal issues that the Commissioner had to determine were whether the agreement was a genuine enterprise agreement, whether it was appropriately negotiated, and whether it met the criteria for approval as set out in the Fair Work Act 2009. The applicant argued that the agreement was genuine, had been appropriately negotiated, and met all the requirements for approval. The union contended that the agreement did not meet the requirements for approval as it did not provide adequate protections for employees.

The Commissioner found that the agreement was genuine and had been appropriately negotiated. The Commissioner noted that the agreement had been negotiated in good faith, and that the union had provided adequate representation to the employees. The Commissioner also found that the agreement met all the criteria for approval under the Fair Work Act. The Commissioner was satisfied that the agreement provided adequate protections for employees, and that it was in the best interests of the employees.

The Commissioner approved the agreement and made orders accordingly. The agreement was approved as a registered agreement and was to be in effect for a period of four years. The Commissioner also made orders regarding the registration of the agreement and the payment of any outstanding entitlements to employees. The union's appeal against the decision was dismissed by the Full Bench of the Fair Work Commission.

HNC (Australia) Exploration & Mining Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established