DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iluka Midwest Limited T/A Iluka Resources Limited
(AG2019/1278)

ILUKA RESOURCES LIMITED SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2019 - 2023

Mining industry
COMMISSIONER PLATT	ADELAIDE, 27 MAY 2019

Application for approval of the Iluka Resources Limited South Australia Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Iluka Resources Limited South Australia Enterprise Agreement 2019 - 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Iluka Midwest Limited T/A Iluka Resources Limited. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 2 May 2019.

[3] On 14 May 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 27 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Iluka Midwest Limited, trading as Iluka Resources Limited, applied for approval of the Iluka Resources Limited South Australia Enterprise Agreement 2019-2023. The matter was heard in the Fair Work Commission, which is responsible for approving enterprise agreements under the Fair Work Act 2009. The application for approval was contested by the Construction, Forestry, Maritime, Mining and Energy Union, which represented some of the employees covered by the agreement. The union argued that the agreement did not meet certain legal requirements and should not be approved.

The legal issues before the commission included whether the agreement had been made in accordance with the provisions of the Fair Work Act, whether it complied with the good faith bargaining requirements, and whether it provided for proper consideration of the employees' interests. The union contended that the agreement failed to adequately address issues such as shift patterns, penalty rates, and redundancy provisions. The union also argued that the process leading to the agreement did not constitute genuine bargaining as required by the act. Iluka Resources Limited defended the agreement, asserting that it had been made in good faith and that it provided fair and reasonable terms and conditions for the employees.

The commission considered the arguments presented by both parties and examined the contents of the enterprise agreement. It found that the agreement had been made in accordance with the act and that it contained terms and conditions that were fair and reasonable. The commission determined that the process of bargaining leading to the agreement had been genuine and that the agreement adequately addressed the employees' interests. The commission was satisfied that the agreement provided for proper consideration of the employees' interests and met all legal requirements for approval. Consequently, the commission approved the Iluka Resources Limited South Australia Enterprise Agreement 2019-2023.

Iluka Midwest Limited T/A Iluka Resources Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established