PIMS Mining Pty Ltd

[2022] FWCA 1179

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

PIMS Mining Pty Ltd

(AG2022/901)

PIMS Mining Pty Ltd Millennium Mine Enterprise Agreement 2022

Mining industry
COMMISSIONER SIMPSON	BRISBANE, 5 APRIL 2022

Application for approval of the PIMS Mining Pty Ltd Millennium Mine Enterprise Agreement 2022

An application has been made for the approval of a greenfields agreement known as the PIMS Mining Pty Ltd Millennium Mine Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PIMS Mining Pty Ltd (the Applicant).
This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

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.

In accordance with s. 187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union – Mining and Energy Division (CFMMEU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement

Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with the CFMMEU and that the Agreement covers this organisation.
The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the PIMS Mining Pty Ltd Millennium Mine Enterprise Agreement 2022 was heard by the Fair Work Commission (FWC). The dispute arose between PIMS Mining Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), the union representing the employees. The central issue before the FWC was whether the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009 (Cth).

The FWC examined whether the agreement contained the necessary minimum terms and conditions as stipulated by the Act, and whether it complied with the procedural requirements for a fair and genuine negotiation process. The employer argued that the agreement was the result of a fair negotiation process, while the union contended that certain provisions were not adequately negotiated and did not meet the statutory minimum standards. The FWC considered evidence and submissions from both parties, assessing the fairness and reasonableness of the agreement's provisions and the negotiation process.

In its decision, the FWC found that the agreement largely met the statutory minimum standards and was the result of a genuine negotiation process. The FWC noted that while there were some minor deficiencies, they did not materially affect the overall fairness of the agreement. Consequently, the FWC approved the enterprise agreement. The employer's application was successful, and the agreement was registered as binding on all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established