DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Newcrest Mining Limited
(AG2021/6249)

CADIA VALLEY OPERATIONS ENTERPRISE AGREEMENT 2021

Mining industry
DEPUTY PRESIDENT DEAN	CANBERRA, 26 JULY 2021

Application for approval of the Cadia Valley Operations Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Cadia Valley Operations Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Newcrest Mining Limited. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 August 2021. The nominal expiry date of the Agreement is 25 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Newcrest Mining Limited recently appeared before the Fair Work Commission (FWC) in an application for the approval of the Cadia Valley Operations Enterprise Agreement 2021. The applicant, Newcrest Mining Limited, sought to have the enterprise agreement registered with the Commission. The application involved various stakeholders, including the company and its employees, represented by union entities such as the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the Association of Professional Engineers, Scientists and Managers Australia (APESMA). The dispute centred on the terms and conditions of employment as outlined in the proposed agreement, including wages, hours of work, leave provisions, and other employee benefits.

The legal issues before the Commission were whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirements for employee protections and the process for bargaining. Specifically, the Commission had to determine whether the agreement was made in good faith and whether it met the provisions for employee representation, procedural fairness, and the avoidance of coercion or harassment. The applicant argued that the agreement was the product of genuine bargaining and that it provided fair and reasonable terms for the employees. The unions contended that the agreement adequately represented the interests of the workforce and complied with all statutory requirements.

After considering the submissions from both parties and the relevant legal principles, the Commission found that the Cadia Valley Operations Enterprise Agreement 2021 was made in good faith and complied with the requirements of the Fair Work Act. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions for the employees and that the process of bargaining was procedurally fair. The Commission noted that the agreement contained provisions for minimum wages, leave entitlements, and other benefits that were in line with industry standards and provided adequate protections for the workforce. Consequently, the Commission approved the enterprise agreement, and it was registered with the Fair Work Commission.

The final orders of the Commission included the approval and registration of the Cadia Valley Operations Enterprise Agreement 2021, which will now serve as the legally binding framework for the employment terms and conditions of the employees covered by the agreement. The decision reinforces the importance of genuine bargaining and compliance with statutory requirements in the formation of enterprise agreements under the Fair Work Act.

Newcrest Mining Limited

DECISION

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