Kalgoorlie Consolidated Gold Mines Pty Ltd

[2019] FWCA 3227

[2019] FWCA 3227

FAIR WORK COMMISSION

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

<AE503365  PR708169>

Annexure A