DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lion Mining Pty Ltd
(AG2015/3219)

EVOLUTION MINING-CRACOW MINING OPERATIONS ENTERPRISE AGREEMENT 2015

Mining industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY,7 JULY 2015

Application for approval of the Evolution Mining - Cracow Enterprise Bargaining Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Evolution Mining - Cracow Enterprise Bargaining Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[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 is approved and will operate from 14 July 2015. The nominal expiry date of the Agreement is 4 years from date of approval.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Lion Mining Pty Ltd, the applicant, the Fair Work Commission was tasked with deciding whether to approve the Evolution Mining - Cracow Enterprise Bargaining Agreement 2015. This agreement sought to establish terms and conditions of employment for employees of Evolution Mining working in Cracow. The dispute centred around whether the agreement met the necessary standards and requirements under the Fair Work Act 2009.

The primary legal issue before the court was whether the terms and conditions outlined in the Evolution Mining - Cracow Enterprise Bargaining Agreement 2015 complied with the provisions of the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions, whether it adequately covered the bargaining unit, and whether it was appropriately registered. The court also had to determine whether the agreement was in the best interests of the employees it was intended to cover.

The Fair Work Commission examined the terms of the agreement and the submissions made by both parties. It considered the nature of the bargaining process, the adequacy of the terms, and the overall fairness and reasonableness of the agreement. The Commission found that the agreement met the necessary standards and requirements, providing for fair and reasonable terms and conditions of employment. Consequently, the Commission approved the agreement, finding that it was in the best interests of the employees it was intended to cover.

The court ordered that the Evolution Mining - Cracow Enterprise Bargaining Agreement 2015 be approved and registered under the Fair Work Act 2009. This decision allows the agreement to take effect and govern the terms and conditions of employment for the relevant employees, as outlined in the agreement.

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