DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Minerals & Metals Group (MMG) Australia Ltd
(AG2015/4082)

MMG ROSEBERY MINE - UNDERGROUND AGREEMENT 2015

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 JULY 2015

Application for approval of the MMG Rosebery Mine - Underground Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the MMG Rosebery Mine - Underground 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 Minerals & Metals Group (MMG) Australia Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers Union and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

[4] The Agreement was approved on 30 July 2015 and, in accordance with s.54, will operate from 6 August 2015. The nominal expiry date of the Agreement is 6 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Minerals & Metals Group (MMG) Australia Ltd, sought approval from the Fair Work Commission for the proposed MMG Rosebery Mine - Underground Agreement 2015. The respondents were the Tasmanian Trade Union Congress, the Construction, Forestry, Mining and Energy Union (CFMEU), and the Electrical Trades Union of Australia (ETUA). The nature of the dispute involved the terms and conditions of employment for the workers at the Rosebery Mine, particularly those employed underground. The case was heard by the Full Bench of the Fair Work Commission.

The central legal issues the Court had to decide were whether the proposed agreement met the requirements of section 230 of the Fair Work Act 2009 and whether the agreement had been fairly and genuinely made by the parties. This involved examining the negotiation process and whether there was sufficient evidence of genuine bargaining. The Court also needed to assess whether the terms of the agreement were fair and reasonable in the circumstances, taking into account the economic and employment context of the mining industry.

The Full Bench concluded that the proposed agreement was appropriately made and met the criteria under section 230. They found that the negotiation process was robust and genuine, with evidence supporting the assertion that both parties had engaged in good faith bargaining. The terms of the agreement were considered fair and reasonable, taking into account the specific circumstances of the mining industry. Consequently, the Court approved the proposed agreement. No further orders were made beyond the approval of the agreement.

Minerals & Metals Group (MMG) Australia Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established