DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lion Mining Pty Ltd
(AG2017/2777)

EVOLUTION MINING - CRACOW PROCESSING OPERATIONS ENTERPRISE AGREEMENT 2017

Mining industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 28 SEPTEMBER 2017

Application for approval of the Evolution Mining - Cracow Processing Operations Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Evolution Mining – Cracow Processing Operations Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lion Mining 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 Agreement was approved on 28 September 2017 and, in accordance with s.54, will operate from 5 October 2017. The nominal expiry date of the Agreement is 14 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lion Mining Pty Ltd sought approval for the Evolution Mining – Cracow Processing Operations Enterprise Agreement 2017, which was the subject of an application to the Fair Work Commission. The dispute centred on the proposed agreement's provisions, including matters related to wages, hours of work, and other conditions of employment for employees at the Cracow Processing Operations site. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act, particularly in relation to the procedural fairness and the proper consideration of the employees' interests. The Commission had to assess whether the agreement provided fair and reasonable terms and conditions of employment, and whether it had been made in a manner that was procedurally fair. Additionally, the Commission examined whether the agreement adequately covered the necessary minimum terms and conditions as prescribed by the Act.

In reaching its decision, the Fair Work Commission considered the submissions from both Lion Mining and the relevant unions. The Commission concluded that the agreement met the necessary standards for approval, finding that it provided fair and reasonable terms and conditions for the employees. The Commission also determined that the agreement was made in a procedurally fair manner, taking into account the interests of the employees. Consequently, the Commission approved the Evolution Mining – Cracow Processing Operations Enterprise Agreement 2017.

The Fair Work Commission's final order was the approval of the Evolution Mining – Cracow Processing Operations Enterprise Agreement 2017, effective from the date of the decision. This decision was based on the findings that the agreement was fair, reasonable, and procedurally sound, thereby meeting the requirements set out in the Fair Work Act.

Lion Mining 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