DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iluka Resources Limited
(AG2016/2328)

ILUKA RESOURCES LIMITED MURRAY BASIN ENTERPRISE AGREEMENT 2015-2019

Mining industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 APRIL 2016

Application for approval of the Iluka Resources Limited Murray Basin Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Iluka Resources Limited Murray Basin Enterprise Agreement 2015 - 2019 (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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Agreement was approved on 13 April 2016 and, in accordance with s.54, will operate from 20 April 2016. The nominal expiry date of the Agreement is 24 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Iluka Resources Limited was the applicant in a proceeding in the Fair Work Commission, seeking approval of an enterprise agreement which had been negotiated with its employees. The respondent, the Australian Council of Trade Unions, did not oppose the application but expressed concerns about the operation of certain clauses. The dispute centred on whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009 and was consistent with the principles of industrial fairness and protection of employee rights.

The court was tasked with determining whether the enterprise agreement was compliant with the statutory requirements and whether it was made in good faith and without coercion. Key issues included the clarity and enforceability of the agreement's terms, the adequacy of the consultation process, and whether the agreement provided fair and reasonable terms for the employees. The court also examined whether the agreement contained appropriate mechanisms for resolving disputes and whether it met the standards of procedural fairness.

After careful consideration of the arguments and the evidence presented, the court found that the enterprise agreement was compliant with the Fair Work Act 2009. The court was satisfied that the agreement had been made in good faith, that there had been adequate consultation with the employees, and that the terms were fair and reasonable. The court noted the provisions for dispute resolution and found them to be adequate. Consequently, the court approved the enterprise agreement, finding it to be in accordance with the principles of industrial fairness.

The court made an order approving the Iluka Resources Limited Murray Basin Enterprise Agreement 2015-2019, subject to the terms and conditions as set out in the agreement. The agreement was to be registered with the Fair Work Commission and would be in effect from the date of the court's order. The decision concluded that the agreement was lawful and would provide a fair framework for the employment relationship between the parties.

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