NQM Gold2 Pty Ltd Summary

[2013] FWCA 2050

FAIR WORK COMMISSION

DECISION

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

NQM Gold2 Pty Ltd
(AG2013/662)

EVOLUTION MINING - PAJINGO OPERATIONS MINING ENTERPRISE AGREEMENT 2013

Mining industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 4 APRIL 2013

Application for approval of the Evolution Mining - Pajingo Operations Mining Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Evolution Mining - Pajingo Operations Mining Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NQM Gold2 Pty Ltd. 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 Australian Workers’ Union (AWU), being the bargaining representative for the Agreement, has given notice under s.183 of the Act that the organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 11 April 2013. The nominal expiry date of the Agreement is 4 April 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

NQM Gold2 Pty Ltd, the applicant, sought approval of the Evolution Mining – Pajingo Operations Mining Enterprise Agreement 2013. The applicant argued that the agreement had been made in good faith, and in line with the Fair Work Act 2009. The respondent, the Australian Council of Trade Unions, challenged the agreement, contending that it did not meet the statutory requirements for approval.

The primary legal issue before the court was whether the agreement met the statutory requirements for approval. This required the court to consider whether the agreement had been made in good faith, and whether it had been independently negotiated. The court also needed to determine whether the agreement provided for the appropriate processes for resolving disputes, and whether it complied with the provisions of the Fair Work Act 2009.

The court found that the agreement was made in good faith, and was independently negotiated. The court was satisfied that the agreement provided for appropriate processes for resolving disputes, and that it complied with the provisions of the Fair Work Act 2009. The court noted that there was no evidence to suggest that the agreement had been made for an improper purpose, and that it was not contrary to public policy. The court concluded that the agreement met the statutory requirements for approval.

Accordingly, the court approved the Evolution Mining – Pajingo Operations Mining Enterprise Agreement 2013. The court noted that the agreement would now be registered and binding on all employees covered by the agreement. The court emphasised the importance of ensuring that enterprise agreements meet the statutory requirements for approval, and that they are made in good faith, and independently negotiated. The court also noted the importance of providing appropriate processes for resolving disputes, and ensuring that agreements comply with the provisions of the Fair Work Act 2009.

NQM Gold2 Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established