Iluka Resources Limited

[2022] FWCA 1149

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Iluka Resources Limited

(AG2022/648)

Iluka Resources Limited Western Australia Enterprise Agreement 2022 - 2026

Mining industry
COMMISSIONER WILLIAMS	PERTH, 1 APRIL 2022

Application for approval of the Iluka Resources Limited Western Australia Enterprise Agreement 2022 - 2026

An application has been made for approval of an enterprise agreement known as the Iluka Resources Limited Western Australia Enterprise Agreement 2022 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Iluka Resources Limited. The Agreement is a single enterprise agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 April 2022. The nominal expiry date of the Agreement is 1 April 2026.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Iluka Resources Limited applied to the Fair Work Commission for the approval of the Iluka Resources Limited Western Australia Enterprise Agreement 2022 - 2026. The application was made under section 230 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for workers within the Iluka Resources Limited operations in Western Australia over the specified period. The legal issues centred on whether the agreement met the requirements for approval under the Act, including ensuring it did not adversely affect the employees or the operations of the business.

The Commission examined the agreement against the statutory criteria, focusing on whether it provided for a safety net of minimum terms and conditions, did not unfairly discriminate, and allowed for the negotiation of enterprise-specific terms. The Commission considered submissions from both Iluka Resources Limited and the union representing the workers. The analysis included a review of the agreement's provisions on wages, hours of work, leave entitlements, and other employment conditions. The Commission found that the agreement was comprehensive and adhered to the legal standards set out in the Fair Work Act, ensuring it provided for a fair and effective safety net while allowing for flexibility in enterprise-specific arrangements.

Consequently, the Fair Work Commission approved the Iluka Resources Limited Western Australia Enterprise Agreement 2022 - 2026. The decision confirmed that the agreement met all statutory requirements and would provide a balanced framework for the employment relationship during the specified period. The approval was effective from the date of the decision, and the agreement became a registered instrument under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established