Minova Australia Pty Ltd Summary

[2025] FWCA 141

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Minova Australia Pty Ltd

(AG2024/4709)

MINOVA AUSTRALIA OPERATIONS NSW ENTERPRISE AGREEMENT 2024

Mining industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 15 JANUARY 2025

Application for approval of the Minova Australia Operations NSW Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement to be known as the Minova Australia Operations NSW Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Minova Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

On 17 December 2024 various issues and concerns as to the approval of the Agreement were raised with the Employer by the Commission. The MEU also raised two BOOT concerns with the Commission via email on 7 January 2025. On the basis of the submissions and evidence filed by the Employer on 13 January 2025 (including the statutory declaration), and the Undertakings provided, I am satisfied that any and all concerns as to the approval of the Agreement have now been thoroughly resolved.

Undertakings

The Employer has provided written undertakings dated 13 January 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Black Coal Mining Industry Award 2020) and that the undertakings will not result in substantial changes to the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2025. The nominal expiry date of the Agreement is 15 January 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved Minova Australia Pty Ltd, which applied to the Fair Work Commission for the approval of the Minova Australia Operations NSW Enterprise Agreement 2024. The application was made under section 231 of the Fair Work Act 2009. The legal issues centred around whether the agreement met the requirements of the Act, particularly in terms of the process followed in its negotiation and the fairness of its terms.

The court examined whether the agreement was genuinely negotiated and whether it contained the necessary provisions for employee representation and consultation. The court also considered the procedural fairness of the agreement's negotiation process, including whether the parties had genuinely attempted to negotiate in good faith. Furthermore, the court assessed the fairness of the agreement's terms, focusing on whether they provided adequate protections for employees and whether they complied with relevant awards and agreements.

The court found that the agreement was genuinely negotiated and contained the necessary provisions for employee representation and consultation. It determined that the process followed in negotiating the agreement was procedurally fair, and the parties had genuinely attempted to negotiate in good faith. The court also concluded that the terms of the agreement were fair and provided adequate protections for employees, and that they complied with relevant awards and agreements. Consequently, the Fair Work Commission approved the Minova Australia Operations NSW Enterprise Agreement 2024.

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