DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

NQM Gold 2 Pty Ltd T/A Minjar Gold Pty Ltd
(AG2021/259)

PAJINGO OPERATIONS ENTERPRISE AGREEMENT 2020

Mining industry
COMMISSIONER SPENCER	BRISBANE, 22 FEBRUARY 2021

Application for approval of the Pajingo Operations Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Pajingo Operations 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 NQM Gold 2 Pty Ltd T/A Minjar Gold Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2021. The nominal expiry date of the Agreement is 1 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

NQM Gold 2 Pty Ltd, trading as Minjar Gold Pty Ltd, applied to the Fair Work Commission for approval of the Pajingo Operations Enterprise Agreement 2020. The respondents to the application included several unions representing the employees. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the unions argued that the agreement did not adequately address certain provisions related to employee entitlements, particularly in the areas of leave entitlements, penalty rates, and redundancy payments.

The legal issues before the commission were whether the agreement complied with the procedural and substantive requirements for enterprise agreements under the Fair Work Act. Procedurally, the commission needed to determine if there was genuine agreement between the employer and the employees. Substantively, the commission had to consider if the agreement provided for the minimum entitlements as prescribed by the Act and if it was free from prohibited content.

The commission found that there was genuine agreement between the employer and the employees, evidenced by the process followed in negotiating the agreement and the fact that it was supported by a majority of the employees. The commission also found that the agreement provided for the minimum entitlements required by the Act and did not contain any prohibited content. The commission approved the agreement, emphasising the importance of maintaining a fair and balanced approach to workplace relations.

The Fair Work Commission approved the Pajingo Operations Enterprise Agreement 2020, determining that it met all statutory requirements under the Fair Work Act. This decision confirms the agreement's validity and enforceability, providing a framework for the employer and employees to manage their workplace relations going forward.

NQM Gold 2 Pty Ltd T/A Minjar 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