DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HSE Mining Pty Ltd
(AG2019/999)

HSE MINING PTY LTD SARAJI ENTERPRISE AGREEMENT 2019

Mining industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 MAY 2019

Application for approval of the HSE Mining Pty Ltd Saraji Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the HSE Mining Pty Ltd Saraji Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by HSE Mining Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Construction, Forestry, Maritime, Mining and Energy 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 May 2019. The nominal expiry date of the Agreement is 5 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, HSE Mining Pty Ltd applied for the approval of the Saraji Enterprise Agreement 2019. The dispute involved the terms and conditions of employment for employees working at the Saraji mining site. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval.

The primary legal issues the Commission considered were whether the agreement provided for fair and reasonable terms and conditions, whether it complied with the relevant provisions of the Fair Work Act 2009, and whether it appropriately balanced the interests of both employers and employees. Additionally, the Commission examined whether the agreement met the requirements for good faith bargaining and whether it adhered to the principles of procedural fairness.

After reviewing the submissions and evidence from both parties, the Fair Work Commission determined that the Saraji Enterprise Agreement 2019 was fair and reasonable. The Commission found that the agreement complied with the necessary legal standards and appropriately balanced the interests of both employers and employees. The Commission approved the agreement, taking into account the need for good faith bargaining and adherence to procedural fairness principles.

The Commission's approval of the Saraji Enterprise Agreement 2019 ensures that the terms and conditions of employment for employees working at the Saraji mining site are fair and reasonable, while also maintaining a balance between the interests of employers and employees. This decision provides certainty and stability for both parties and allows for the continued operation of the mining site under the agreed-upon terms and conditions.

HSE Mining Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established