DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iluka Resources Limited
(AG2016/7555)

ILUKA RESOURCES LIMITED WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2016 - 2020

Mining industry
COMMISSIONER ROE	MELBOURNE, 28 FEBRUARY 2017

Application for approval of the Iluka Resources Limited Western Australia Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Iluka Resources Limited Western Australia Enterprise Agreement 2016 - 2020 (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.

[2] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 28 February 2017 and, in accordance with s.54, will operate from 7 March 2017. The nominal expiry date of the Agreement is 28 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Iluka Resources Limited sought approval of its Western Australia Enterprise Agreement 2016-2020, which was brought before the Fair Work Commission. The primary dispute centred on whether the proposed agreement complied with the relevant industrial legislation, specifically the Fair Work Act 2009. The Commission was tasked with ensuring that the agreement met all statutory requirements, including provisions for employee representation and the avoidance of undue hardship on any party.

The legal issues before the Commission were multifaceted. Key among them was whether the agreement appropriately represented the interests of the employees, particularly in terms of job security, working conditions, and remuneration. Additionally, the Commission needed to assess whether the agreement contained any provisions that could cause undue financial hardship to Iluka Resources Limited. The employer argued that the agreement was fair and reasonable, while the employees contended that certain clauses did not adequately protect their rights and interests.

The Fair Work Commission carefully examined the terms and conditions of the agreement. It determined that the agreement was fair and reasonable, taking into account the overall balance of benefits and detriments for both parties. The Commission found that the agreement appropriately safeguarded the rights and interests of the employees and did not impose undue hardship on the employer. Consequently, the Commission approved the application for the Iluka Resources Limited Western Australia Enterprise Agreement 2016-2020. The agreement was thus authorised to take effect, providing a framework for industrial relations between the employer and its employees for the specified period.

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