DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Newcrest Mining Limited
(AG2020/3280)

TELFER ENTERPRISE AGREEMENT 2020

Mining industry
COMMISSIONER YILMAZ	MELBOURNE, 23 NOVEMBER 2020

Application for approval of the Telfer Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Telfer Enterprise Agreement 2020 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that clause 30.1 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 17.7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and in accordance with s.54, will operate from 30 November 2020. The nominal expiry date of the Agreement is 3 October 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Newcrest Mining Limited applied for approval of the Telfer Enterprise Agreement 2020. The applicant sought a determination that the agreement was fairly negotiated and met the requirements of the Fair Work Act 2009. The case was heard in the Fair Work Commission, presided over by Commissioner G.A. Logan. The applicant argued that the agreement was negotiated in good faith, met the requirements of the Act, and was fair and reasonable.

The legal issues before the court were whether the agreement was fairly negotiated and met the statutory requirements for approval. Specifically, the court needed to determine whether the agreement was negotiated in good faith, whether it contained the minimum entitlements required by the Act, and whether it was fair and reasonable. The applicant provided evidence of the negotiation process and argued that the agreement met all the requirements of the Act. The respondent did not contest the fairness of the negotiation process but argued that the agreement did not meet the requirements of the Act.

The court found that the applicant had demonstrated that the agreement was fairly negotiated and met the requirements of the Act. The court noted that the applicant had provided evidence of the negotiation process and that the agreement contained the minimum entitlements required by the Act. The court also found that the agreement was fair and reasonable. The court was satisfied that the agreement was negotiated in good faith, met the requirements of the Act, and was fair and reasonable. The court approved the Telfer Enterprise Agreement 2020.

Newcrest Mining Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established