DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HSE Mining Pty Ltd
(AG2015/5452)

HSE MINING PTY LTD SARAJI ENTERPRISE AGREEMENT 2015

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 29 SEPTEMBER 2015

Application for approval of the HSE Mining Pty Ltd Saraji Enterprise Agreement 2015.

[1] HSE Mining Pty Ltd applies for approval of an enterprise agreement known as the HSE Mining Pty Ltd Saraji Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that the organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[3] 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.

[4] The Agreement is approved, in accordance with s.54 of the Act, will operate from 6 October 2015. The nominal expiry date of the Agreement is 6 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved HSE Mining Pty Ltd, seeking approval of the Saraji Enterprise Agreement 2015. This agreement, which was proposed as a new enterprise agreement, aimed to regulate employment terms and conditions for employees within the company. The case was heard in the Fair Work Commission, which was tasked with determining whether the agreement met the necessary legal standards for approval.

The central legal issues before the court were whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court had to examine if the agreement was free from any illegality, whether it had been made in good faith, and if it provided for the proper protection of employees' rights. Additionally, the court assessed whether the agreement was made in accordance with the process outlined in the Fair Work Act.

The Fair Work Commission, after reviewing the agreement, concluded that it was free from any illegality and had been made in good faith. The court found that the agreement provided adequate protection for the employees' rights and was made in compliance with the statutory requirements. The process followed in making the agreement was also deemed to be in line with the Fair Work Act. Consequently, the court approved the Saraji Enterprise Agreement 2015.

As a result of the court's decision, the Saraji Enterprise Agreement 2015 was approved and registered. This decision provided legal certainty for both the employer and employees, ensuring that the terms and conditions of employment were governed by a legally binding agreement.

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