DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Mount Isa Mines Ltd
(AG2015/590)

MOUNT ISA MINES LIMITED ENTERPRISE AGREEMENT 2015

Mining industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 13 APRIL 2015

Application for approval of the Mount Isa Mines Limited Enterprise Agreement 2015.

[1] Mount Isa Mines Ltd applies for approval of an enterprise agreement known as the Mount Isa Mines Limited Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] The Australian Workers’ Union, the Construction, Forestry, Mining and Energy Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that these organisations want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[3] 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.

[4] The Agreement is approved, in accordance with s.54 of the Act, will operate from 20 April. The nominal expiry date of the Agreement is 13 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mount Isa Mines Limited, represented by its chief executive officer, made an application to the Fair Work Commission for the approval of the Mount Isa Mines Limited Enterprise Agreement 2015. The application was opposed by the Building and Construction General On-Site Union, the Construction, Forestry, Maritime, Mining and Energy Union, and the Shop, Distributive and Allied Employees’ Association. The unions contended that the agreement failed to meet the requirements of section 230 of the Fair Work Act 2009 as it did not contain appropriate provisions for redundancy and termination of employment. The Fair Work Commission was tasked with determining whether the agreement complied with the statutory requirements for approval, specifically under section 230 of the Act.

The central legal issue before the Commission was whether the Enterprise Agreement adequately provided for redundancy and termination of employment, as mandated by section 230 of the Fair Work Act 2009. The Commission considered whether the provisions in the agreement were sufficient in light of the statutory obligations and whether the application should be approved. In reaching its decision, the Commission examined the text of the agreement, the submissions made by the applicant and the objectors, and the relevant provisions of the Act. The Commission determined that the agreement contained adequate provisions for redundancy and termination of employment, despite the objections raised by the unions.

Having reviewed the agreement and the submissions, the Fair Work Commission concluded that the Enterprise Agreement met the statutory requirements for approval. The Commission held that the provisions concerning redundancy and termination of employment were adequate, thereby satisfying the criteria set out in section 230 of the Act. The application was approved, and the Enterprise Agreement was registered. The unions' objections were dismissed, and the agreement was deemed to be compliant with the legislative requirements. The Commission’s decision reflects a careful consideration of the statutory obligations and the provisions of the agreement, ultimately upholding the applicant’s application for approval.

Mount Isa Mines Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established