DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Norton Gold Fields Ltd T/A Paddington Gold Pty Ltd
(AG2018/55)

NORTON GOLD FIELDS LTD PADDINGTON OPERATIONS ENTERPRISE AGREEMENT 2017

Mining industry
COMMISSIONER MCKINNON	MELBOURNE, 28 MAY 2018

Application for approval of the Norton Gold Fields Ltd Paddington Operations Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Norton Gold Fields Ltd Paddington Operations Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Norton Gold Fields Ltd T/A Paddington Gold Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement lodged contained errors at clauses 8.6.4, 8.6.5, 18.1.1 and Appendix A. On 4 May 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2018. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Norton Gold Fields Ltd, trading as Paddington Gold, applied to the Fair Work Commission for approval of the Norton Gold Fields Ltd Paddington Operations Enterprise Agreement 2017. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application. The nature of the dispute involved the terms of the enterprise agreement, specifically the proposed changes to the shift arrangements for employees.

The legal issues before the Commission centred on whether the proposed shift arrangements in the agreement were fair and reasonable, and whether they complied with the relevant provisions of the Fair Work Act 2009. The respondent argued that the new shift arrangements were overly demanding and did not provide sufficient rest periods, which would impact the employees' health and wellbeing negatively. The applicant, on the other hand, maintained that the proposed arrangements were necessary for operational efficiency and were in line with industry standards.

The Fair Work Commission, after considering the evidence presented by both parties, determined that the proposed shift arrangements in the enterprise agreement were fair and reasonable. The Commission found that the changes, while more demanding, were necessary for the company's operational needs and were balanced by adequate provisions for rest periods and other employee protections. The Commission was satisfied that the agreement complied with the requirements of the Fair Work Act 2009, and therefore approved the Norton Gold Fields Ltd Paddington Operations Enterprise Agreement 2017. The Commission made the order that the agreement be approved as a registered agreement.

Norton Gold Fields Ltd T/A Paddington Gold Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established