DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Newcrest Mining Limited
(AG2016/5340)

TELFER ENTERPRISE AGREEMENT 2016

Mining industry
COMMISSIONER GREGORY	MELBOURNE, 3 OCTOBER 2016

Application for approval of the Telfer Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Telfer Enterprise Agreement 2016 (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 10 October 2016. The nominal expiry date of the Agreement is 2 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Newcrest Mining Limited, the Fair Work Commission was presented with an application for the approval of the Telfer Enterprise Agreement 2016. The applicant, Newcrest Mining Limited, sought the court's approval for the agreement which was negotiated between the company and the employees' representative, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the court were whether the agreement was genuinely negotiated, free from any coercion or undue influence, and whether it contained all the required minimum terms and conditions as stipulated by the Act. Additionally, the court had to consider if the agreement provided for the proper representation of employees and if it complied with the procedural requirements of the Act.

The Fair Work Commission found that the agreement was genuinely negotiated and free from undue influence. It was noted that the negotiation process was thorough and transparent, with adequate representation from both parties. The court also confirmed that the agreement contained all the necessary minimum terms and conditions and provided for proper employee representation. Consequently, the application for approval was successful.

The court ordered the approval of the Telfer Enterprise Agreement 2016, recognising it as a bona fide agreement that met all statutory requirements. The decision ensures that the terms of the agreement will govern the employment relationship between Newcrest Mining Limited and its employees, subject to the provisions of the Fair Work Act 2009.

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