DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NQM Gold 2 Pty Ltd (Pajingo Gold Mine) T/A Minjar Gold
(AG2017/2033)

PAJINGO OPERATIONS ENTERPRISE AGREEMENT 2017

Mining industry
COMMISSIONER WILSON	MELBOURNE, 22 JUNE 2017

Application for approval of the Pajingo Operations Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Pajingo 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 NQM Gold 2 Pty Ltd (Pajingo Gold Mine) T/A Minjar Gold. 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 is approved and, in accordance with s.54 of the Act, will operate from 29 June 2017. The nominal expiry date of the Agreement is 22 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, NQM Gold 2 Pty Ltd, trading as Minjar Gold and operating the Pajingo Gold Mine, applied for approval of the Pajingo Operations Enterprise Agreement 2017. The applicant sought to have the agreement registered under the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for registration as prescribed by the Act, including whether it was genuinely a product of bargaining between the parties and whether it complied with the good faith bargaining requirements.

The legal issues before the Commission included whether the agreement was the result of genuine bargaining, whether the parties had negotiated in good faith, and whether the agreement provided for fair and reasonable terms and conditions of employment. The Commission had to consider the process of bargaining and the content of the agreement to determine its validity. The applicant had to demonstrate that the agreement was not only procedurally but also substantively compliant with the Act.

The Commission found that the agreement had been genuinely bargained and that the process was conducted in good faith. It determined that the agreement was not materially defective and provided for fair and reasonable terms and conditions. The Commission approved the Pajingo Operations Enterprise Agreement 2017 for registration, finding that it met the statutory requirements under the Fair Work Act. The Commission's decision was based on the evidence presented and the application of relevant legal principles.

The final orders of the Commission included the approval of the Pajingo Operations Enterprise Agreement 2017 for registration and the direction that the agreement be registered with the Fair Work Commission. The applicant was required to provide the necessary documentation to the Commission for registration. The decision provided clarity and finality to the parties regarding the status of the agreement and its enforceability under the Act.

NQM Gold 2 Pty Ltd (Pajingo Gold Mine) T/A Minjar Gold

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established