Integra Mining Operations Pty Limited

[2021] FWCA 5984

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Integra Mining Operations Pty Limited
(AG2021/7395)

INTEGRA UNDERGROUND ENTERPRISE AGREEMENT 2021

Mining industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 23 SEPTEMBER 2021

Application for approval of the Integra Underground Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Integra Underground Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

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

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 14 May 2022. The nominal expiry date of the Agreement is 13 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Integra Mining Operations Pty Limited recently sought approval of the Integra Underground Enterprise Agreement 2021 from the Fair Work Commission. The application was made under section 237 of the Fair Work Act 2009. The company aimed to have the agreement certified as a simple greenfield agreement, which would make it applicable to all employees in its defined bargaining unit.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for a simple greenfield agreement. This involved assessing the agreement's compliance with legislative requirements, including provisions regarding employee consultation and the terms of employment. The Commission also had to consider whether the agreement provided for a fair and reasonable outcome for the employees involved.

After reviewing the evidence and submissions, the Commission found that the agreement was in compliance with the necessary legislative requirements. The terms were deemed fair and reasonable for the employees, and the consultation process was deemed adequate. Consequently, the Commission approved the application and certified the agreement as a simple greenfield agreement. This certification allows the agreement to be applied to all employees within the specified bargaining unit, providing a clear and binding framework for their employment conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established