Minova Australia Pty Ltd Summary

[2024] FWCA 414

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Minova Australia Pty Ltd

(AG2023/5450)

MINOVA AUSTRALIA OPERATIONS QUEENSLAND ENTERPRISE AGREEMENT

Mining industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 31 JANUARY 2024

Application for approval of the Minova Australia Operations Queensland Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Minova Australia Operations Queensland Enterprise Agreement (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Minova Australia Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 January 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Minova Australia Pty Ltd applied for the approval of the Minova Australia Operations Queensland Enterprise Agreement 2023. This application was made under section 185 of the Fair Work Act 2009. The enterprise agreement in question is intended to cover the operations of Minova Australia in Queensland, primarily within the mining industry. The Deputy President of the Commission, Roberts, presided over the matter in Sydney on 31 January 2024.

The central legal issue before the court was whether the application met the statutory requirements for the approval of an enterprise agreement under the Fair Work Act 2009. Specifically, the Deputy President had to ensure that the application complied with sections 186, 187, and 188 of the Act, which detail the conditions necessary for the approval of such agreements. These sections include criteria such as the involvement of genuine bargaining, the terms and conditions of the agreement, and the protection of employees' rights.

The Deputy President found that all the requirements under sections 186, 187, and 188 of the Fair Work Act 2009 had been satisfied. The application was deemed to have been made in good faith, and the agreement was found to be the result of genuine bargaining between the employer and the employees' representatives. Additionally, the agreement was considered to be fair and reasonable in its terms and conditions. Consequently, the Deputy President approved the enterprise agreement, which will now operate in accordance with section 54 of the Act. The agreement is set to expire on 31 January 2026, unless otherwise terminated or renewed.

The court approved the Minova Australia Operations Queensland Enterprise Agreement 2023, which will now be in effect according to the provisions of the Fair Work Act 2009. The agreement is set to expire on 31 January 2026.

Minova Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established