DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kalgoorlie Consolidated Gold Mines Pty Ltd
(AG2019/294)

KALGOORLIE CONSOLIDATED GOLD MINES ENTERPRISE AGREEMENT 2019 (SURFACE OPERATIONS)

Mining industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 9 MAY 2019

Application for approval of the Kalgoorlie Consolidated Gold Mines Enterprise Agreement 2019 (Surface Operations).

[1] Kalgoorlie Consolidated Gold Mines Pty Ltd has made an application for the approval of an enterprise agreement known as the Kalgoorlie Consolidated Gold Mines Enterprise Agreement 2019 (Surface Operations) (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings are attached as Annexure A. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings.

[3] 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.

[4] 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.

[5] The Australian Workers’ Union (the organisation),being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 9 May 2019 and, in accordance with s 54, will operate from 16 May 2019. The nominal expiry date of the Agreement is 3 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of an enterprise agreement concerning surface operations at Kalgoorlie Consolidated Gold Mines. The application was made by the Kalgoorlie Consolidated Gold Mines Pty Ltd to the Fair Work Commission. The primary dispute centred on whether the proposed agreement met the legal standards for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with assessing whether the agreement complied with the relevant provisions of the Act and whether it was in the best interests of the employees.

The legal issues before the Commission included whether the agreement provided for proper minimum terms and conditions, whether it had been fairly negotiated, and whether it contained appropriate mechanisms for resolving disputes. Additionally, the Commission needed to determine if the agreement adequately protected the rights and interests of the employees and whether it was consistent with the broader objectives of the Fair Work Act. The Commission also considered whether the proposed changes in the agreement were fair and reasonable, particularly in terms of wages, hours of work, and other employment conditions.

In delivering its decision, the Commission carefully examined the proposed agreement clause by clause. It found that the agreement largely complied with the statutory requirements and was negotiated in good faith. The Commission noted that the agreement provided for fair terms and conditions of employment, including provisions for wages, leave entitlements, and dispute resolution mechanisms. The Commission concluded that the agreement was in the best interests of the employees and would promote harmonious workplace relations. Consequently, the Fair Work Commission approved the Kalgoorlie Consolidated Gold Mines Enterprise Agreement 2019 (Surface Operations).

Kalgoorlie Consolidated Gold Mines Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established