Kalgoorlie Consolidated Gold Mines Pty Ltd

[2014] FWCA 6748

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kalgoorlie Consolidated Gold Mines Pty Ltd
(AG2014/7123)

KALGOORLIE CONSOLIDATED GOLD MINES ENTERPRISE AGREEMENT 2014

Mining industry
COMMISSIONER WILLIAMS	PERTH, 26 SEPTEMBER 2014

Application for approval of the Kalgoorlie Consolidated Gold Mines Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Kalgoorlie Consolidated Gold Mines 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 Kalgoorlie Consolidated Gold Mines Pty Ltd. 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 does not contain a consultation term. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 October 2014. The nominal expiry date of the Agreement is 3 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

1 Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009.

CaseChat Overview and Summary

The case involves Kalgoorlie Consolidated Gold Mines Pty Ltd, which sought approval for the Kalgoorlie Consolidated Gold Mines Enterprise Agreement 2014. The applicant approached the Fair Work Commission to have the agreement registered with the necessary modifications to address certain inconsistencies and gaps in the document. The application was made under section 232 of the Fair Work Act 2009. The nature of the dispute primarily revolves around ensuring the agreement adheres to legal requirements and adequately covers necessary provisions to protect the rights and obligations of both the employer and employees.

The legal issues the court needed to resolve included whether the agreement met the statutory requirements of the Fair Work Act and whether the proposed modifications were necessary and appropriate. Specifically, the court had to determine if the modifications were in line with the Act's objectives, such as promoting higher wages and better working conditions, and ensuring fair terms and conditions of employment. Additionally, the court examined whether the modifications were fair and reasonable, and if they addressed any gaps or inconsistencies in the original agreement without imposing additional burdens on the parties.

The court found that the proposed modifications were necessary to align the agreement with the Fair Work Act and to ensure it provided adequate protections and terms for the employees. The court emphasised the importance of having a comprehensive and legally compliant enterprise agreement. The modifications were deemed reasonable and appropriate, addressing specific gaps and inconsistencies in the original agreement. Consequently, the court approved the agreement with the proposed modifications, ensuring it met the necessary legal standards and provided fair terms for both the employer and employees. The final orders included the registration of the Kalgoorlie Consolidated Gold Mines Enterprise Agreement 2014 with the modifications as specified in the court's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established