Mount Isa Mines Limited

[2021] FWCA 815

[2021] FWCA 815

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mount Isa Mines Limited
(AG2021/17)

MOUNT ISA MINES LIMITED ENTERPRISE AGREEMENT 2021

Mining industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 FEBRUARY 2021

Application for approval of the Mount Isa Mines Limited Enterprise Agreement 2021.

[1] Mount Isa Mines Limited has made an application for approval of an enterprise agreement known as the Mount Isa Mines Limited Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] While the application is generally in order, the notice of employee representational rights (NERR) provided to employees contained non-prescribed content. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 I am satisfied that this constitutes a minor procedural or technical error for the purposes of s188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

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

[4] The Australian Workers’ Union and 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 declarations provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 16 February 2021 and, in accordance with s 54, will operate from 23 February 2021. The nominal expiry date of the Agreement is 16 February 2025.

DEPUTY PRESIDENT

 1   [2019] FWCFB 318

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