Jabiru Metals Limited

[2014] FWCA 3379

FAIR WORK COMMISSION

DECISION

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

Jabiru Metals Limited
(AG2014/5771)

JABIRU METALS ENTERPRISE AGREEMENT 2014

Mining industry
COMMISSIONER WILLIAMS	PERTH, 21 MAY 2014

Application for approval of the Jabiru Metals Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Jabiru Metals Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jabiru Metals Limited. The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 May 2014. The nominal expiry date of the Agreement is 27 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Jabiru Metals Limited, a mining company, and its employees. The dispute arose over the proposed Jabiru Metals Enterprise Agreement 2014, which sought to govern the terms and conditions of employment for the company's workers. The application for approval of the agreement was heard in the Fair Work Commission, the industrial relations tribunal in Australia.

The central legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of providing for the employees' minimum entitlements. This involved examining whether the agreement included all the mandated minimum terms and conditions, and whether it provided for a fair and efficient workplace.

The Commission carefully reviewed the proposed agreement, focusing on whether it met the statutory requirements for minimum terms. It was determined that the agreement did indeed provide for all the necessary minimum entitlements, including those related to wages, hours of work, leave, and other workplace rights. The Commission found that the agreement was fair and efficient, and thus approved it. The decision underscored the importance of ensuring that enterprise agreements not only comply with the law but also promote good industrial relations practices.

In conclusion, the Fair Work Commission approved the Jabiru Metals Enterprise Agreement 2014, recognising it as meeting the necessary legal standards and promoting fair workplace practices. This decision reinforces the role of the Commission in ensuring that enterprise agreements are both legally compliant and conducive to maintaining good industrial relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established