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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mount Isa Mines Limited recently faced an application in the Fair Work Commission regarding the approval of their 2021 Enterprise Agreement. The application was brought by the company, and it sought the endorsement of this agreement which governs the terms and conditions of employment for their workers. The nature of the dispute centred around whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The legal issues before the court involved whether the agreement provided for fair and reasonable terms for employees, particularly in relation to wages, conditions, and dispute resolution mechanisms. The court had to consider if the agreement was made in good faith, if it was free from coercion, and if it complied with the requirements of the Fair Work Act, including the provision of a direct benefit to employees.

The Fair Work Commission examined the provisions of the agreement in detail, assessing whether they were consistent with the legislative framework. The court found that the agreement contained provisions that were fair and reasonable, and it was made in good faith. It also determined that the agreement offered a direct benefit to employees by including provisions for fair wages and conditions. Based on this analysis, the court approved the enterprise agreement, finding it met all legal requirements.

The final orders of the court approved the Mount Isa Mines Limited Enterprise Agreement 2021, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and it would govern the employment terms for the specified bargaining unit for the duration stipulated within the agreement.

Mount Isa Mines Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established