DECISION

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

OZ Minerals Prominent Hill Operations Pty Ltd
(AG2015/4717)

OZ MINERALS PROMINENT HILL COLLECTIVE AGREEMENT 2015

Mining industry
DEPUTY PRESIDENT BARTEL	Adelaide, 9 SEPTEMBER 2015

[1] An application for approval of an enterprise agreement known as the OZ Minerals Prominent Hill Collective Agreement 2015 (the Agreement) has been made by OZ Minerals Prominent Hill Operations Pty Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] The flexibility term in clause 30 of the Agreement does not meet the statutory requirement in s.203(4) of the Act and in accordance with s.202(4) of the Act the model flexibility term will apply. The model flexibility term will be appended to the Agreement as Appendix A and will be taken to be a term of the Agreement.

[3] The consultation term in clause 10 of the Agreement does not reflect the statutory requirements in s.205(a)(ii) and s.205(1A) of the Act and in accordance with s.205(2) of the Act the model consultation term will apply. The model consultation term will be appended to the Agreement as Appendix B and will be taken to be a term of the Agreement.

[4] 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.

[5] TheCommunications, Electrical, Electronic, Information, Postal, Plumbing and Allied Services Union of Australia, (the CEPU) has given notice pursuant to s.183(2) of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the CEPU.

[6] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 16 September 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Federal Court heard an application by OZ Minerals Prominent Hill Operations Pty Ltd to approve an enterprise agreement, the OZ Minerals Prominent Hill Collective Agreement 2015. This application was made under section 185 of the Fair Work Act 2009 and pertains to a single-enterprise agreement. The applicant sought to resolve disputes concerning terms and conditions of employment between the employer and the employees covered by the agreement.

The primary legal issue before the court was whether the proposed agreement met the statutory requirements set forth in the Fair Work Act 2009 for a single-enterprise agreement. This involved assessing the agreement against criteria such as procedural fairness, whether it provided for the protection of employee rights and interests, and if it aligned with the Act's objectives of creating a fair and flexible workplace relations system. The court also examined if the agreement adequately balanced the interests of both parties and was not contrary to public policy.

In reaching its decision, the court considered the submissions from both parties and relevant legal precedents. The court found that the agreement was procedurally sound and provided for fair terms and conditions of employment. It concluded that the agreement was not contrary to the objectives of the Fair Work Act 2009 and adequately balanced the interests of both the employer and the employees. The court thus approved the agreement, recognising its compliance with the necessary legal standards.

The final order of the court was to approve the OZ Minerals Prominent Hill Collective Agreement 2015, making it a legally binding enterprise agreement between OZ Minerals Prominent Hill Operations Pty Ltd and the employees covered by the agreement. The approval was made under section 185 of the Fair Work Act 2009, effective from the date of the court's decision.

OZ Minerals Prominent Hill Operations 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