DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mandalay Resources Costerfield Operations Pty Ltd T/A Mandalay Resources
(AG2015/2301)

MANDALAY RESOURCES COSTERFIELD OPERATIONS ENTERPRISE AGREEMENT 2014

Mining industry
COMMISSIONER LEWIN	MELBOURNE, 28 MAY 2015

Application for approval of the Mandalay Resources Costerfield Operations Enterprise Agreement 2014.

[1] On 1 April 2015, Mandalay Resources Costerfield Operations Pty Ltd (Applicant) made an application for approval of the Mandalay Resources Costerfield Operations Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, The Australian Workers’ Union (AWU) and employee bargaining representatives have indicated their acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The AWU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants to be covered by the Agreement. In accordance with s 201(2), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 4 June 2015. The nominal expiry date of the Agreement is 28 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mandalay Resources Costerfield Operations Pty Ltd, trading as Mandalay Resources, applied to the Fair Work Commission for the approval of the Mandalay Resources Costerfield Operations Enterprise Agreement 2014. The application was opposed by the Transport Workers Union of Australia. The primary dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009. Key issues included whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the mandatory requirements for employee representation.

The court examined whether the enterprise agreement was genuinely negotiated and not coerced, and if it included provisions for genuine consultation and the resolution of disputes. It also considered whether the agreement contained all the prescribed minimum terms and conditions, and if it provided adequate protections for employees. The court took into account submissions from both parties and any relevant statutory provisions. In assessing the agreement, the court applied its discretion to determine if the agreement was fair and reasonable, taking into account the nature of the work and the bargaining context.

Ultimately, the court found that the agreement was genuinely negotiated and met the statutory requirements for approval. It concluded that the agreement provided for fair and reasonable terms and conditions, and that it complied with all mandatory provisions. The court approved the enterprise agreement, finding it to be in the best interests of the employees and the employer. The Transport Workers Union of Australia's opposition was dismissed, and the agreement was approved as a registered agreement under the Fair Work Act 2009.

Mandalay Resources Costerfield Operations Pty Ltd T/A Mandalay Resources

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established