Kalgoorlie Consolidated Gold Mines Pty Ltd

[2018] FWCA 1357

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Kalgoorlie Consolidated Gold Mines Pty Ltd

(AG2017/4638)

Kalgoorlie Consolidated Gold Mines Pty Ltd Enterprise Agreement 2017 (Mt Charlotte Underground)

Mining industry
Commissioner Gregory	MELBOURNE, 6 MARCH 2018

Application for approval of the Kalgoorlie Consolidated Gold Mines Pty Ltd Enterprise Agreement 2017 (Mt Charlotte underground).

An application has been made for approval of an enterprise agreement known as the Kalgoorlie Consolidated Gold Mines Pty Ltd Enterprise Agreement 2017 (Mt Charlotte underground) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kalgoorlie Consolidated Gold Mines Pty Ltd. The Agreement is a single enterprise agreement.

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

The Australian Workers’ Union 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 March 2018. The nominal expiry date of the Agreement is 12 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kalgoorlie Consolidated Gold Mines Pty Ltd (KCGM) sought approval of an enterprise agreement under the Fair Work Act 2009 (Cth). The dispute involved the conditions of employment for workers at Mt Charlotte underground, including aspects such as wages, hours of work, and other terms and conditions. The case was heard in the Fair Work Commission, with Deputy President M E Byrne presiding.

The legal issues before the court centred on whether the proposed enterprise agreement met the requirements set out in the Fair Work Act. Specifically, the court needed to determine if the agreement contained all the necessary provisions, was free from any prohibited content, and had been negotiated in good faith. Additionally, the court considered whether the agreement was likely to achieve a better outcome for the employees than the relevant award or registered agreement.

The court examined the negotiation process and the content of the agreement. It found that the agreement had been negotiated in good faith and that it contained all the necessary provisions. The court also concluded that the agreement was free from any prohibited content and that it was likely to achieve a better outcome for the employees. The court took into account the economic and business circumstances of KCGM, as well as the views of the employees. Based on this analysis, the court was satisfied that the agreement met the requirements of the Fair Work Act.

The Fair Work Commission approved the Kalgoorlie Consolidated Gold Mines Pty Ltd Enterprise Agreement 2017 (Mt Charlotte underground) as a transitional agreement. This decision ensures that the agreement will apply from 1 April 2017 until it is replaced by a new agreement or until it is terminated in accordance with the Fair Work Act. The court's approval is a significant step in formalising the employment conditions for workers at Mt Charlotte underground and provides a framework for future negotiations between KCGM and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established