DECISION

Fair Work Act 2009
s.185—Enterprise agreement

La Mancha Resources Australia Pty Ltd
(AG2015/3195)

LA MANCHA RESOURCES AUSTRALIA (LMRA) ENTERPRISE AGREEMENT 2015

Mining industry
COMMISSIONER ROE	MELBOURNE, 9 JULY 2015

Application for approval of the La Mancha Resources Australia (LMRA) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the La Mancha Resources Australia (LMRA) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by La Mancha Resources Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 9 July 2015 and, in accordance with s.54, will operate from 16 July 2015. The nominal expiry date of the Agreement is 9 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

La Mancha Resources Australia Pty Ltd applied to the Fair Work Commission for approval of the La Mancha Resources Australia (LMRA) Enterprise Agreement 2015. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application. The primary dispute centred around the fairness and validity of the proposed agreement, specifically regarding the terms and conditions of employment, and whether they met the legal requirements for approval under the Fair Work Act 2009.

The court had to determine whether the agreement was genuinely negotiated and whether it complied with the statutory minimum terms and conditions set out in the Fair Work Act. Additionally, the court examined whether the agreement adhered to the procedural requirements for approval, including the necessity for genuine negotiations and the provision of adequate information to the employees. The court also considered whether the agreement unfairly disadvantaged any group of employees.

The Fair Work Commission, after thorough consideration, found that the proposed agreement was fairly negotiated and met all statutory requirements. The court emphasised that the agreement provided for fair and reasonable terms and conditions of employment, and that the process leading to its creation was transparent and inclusive. Consequently, the court approved the La Mancha Resources Australia (LMRA) Enterprise Agreement 2015.

La Mancha Resources Australia 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