DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Integra Mining Operations Pty Limited
(AG2018/1819)

INTEGRA UNDERGROUND GREENFIELD ENTERPRISE AGREEMENT 2018

Coal industry
COMMISSIONER SAUNDERS	NEWCASTLE, 14 MAY 2018

Application for approval of the Integra Underground Greenfield Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Integra Underground Greenfield Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Integra Mining Operations Pty Limited. The Agreement is a greenfields agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187 and 190 as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[6] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2018. The nominal expiry date of the Agreement is 13 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Integra Mining Operations Pty Limited, sought approval of the Integra Underground Greenfield Enterprise Agreement 2018 from the Fair Work Commission. The dispute arose from negotiations between the applicant and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union, regarding terms and conditions of employment. The primary issue before the Commission was whether the agreement met the necessary requirements under the Fair Work Act 2009.

The Fair Work Commission examined the provisions of the agreement, including its adherence to the "better off overall test" and whether it contained all mandatory terms stipulated by the Act. The Commission also assessed whether the agreement was made in good faith and whether it provided for adequate mechanisms for dispute resolution. Given the complexity of the bargaining process and the extensive documentation provided, the Commission had to carefully review each clause to determine compliance with legislative standards.

After thorough consideration, the Commission concluded that the Integra Underground Greenfield Enterprise Agreement 2018 met all statutory requirements. It was determined that the agreement was fair and reasonable, providing benefits to employees that outweighed any detriments. The Commission found that the agreement was made in good faith and contained necessary provisions for dispute resolution. Consequently, the application for approval was granted, and the agreement was registered.

The Fair Work Commission approved the Integra Underground Greenfield Enterprise Agreement 2018, effective from the date of registration. This decision provides clarity and legal certainty for both the applicant and the employees, ensuring that the terms of employment are regulated in accordance with the provisions of the Fair Work Act 2009.

Integra Mining Operations Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established