DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ron Gee Enterprises Pty Ltd T/A Ron Gee Enterprises
(AG2015/3947)

RON GEE (OLYMPIC DAM) ENTERPRISE AGREEMENT 2015

Mining industry
COMMISSIONER LEWIN	MELBOURNE, 30 JULY 2015

Application for approval of the Ron Gee (Olympic Dam) Enterprise Agreement 2015.

[1] On 14 July 2015, Ron Gee Enterprises Pty Ltd (Applicant) made an application for approval of the Ron Gee (Olympic Dam) Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss.186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 6 August 2015. The nominal expiry date of the Agreement is 30 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code C, AE415052 PR569998>
ANNEXURE A

CaseChat Overview and Summary

Ron Gee Enterprises Pty Ltd, trading as Ron Gee Enterprises, applied to the Fair Work Commission for approval of the Ron Gee (Olympic Dam) Enterprise Agreement 2015. The primary issue was whether the agreement contained mandatory terms that complied with the Fair Work Act 2009. The application involved determining the appropriate classification and remuneration for employees working at the Olympic Dam mine, along with other employment conditions.

The legal issues before the Commission involved assessing whether the proposed agreement met the statutory requirements for approval. This included scrutinising the classification and pay rates for employees to ensure they were consistent with the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. Additionally, the Commission had to ensure the agreement did not disadvantage employees in comparison to the applicable award or safety net award.

The Commission found that the proposed agreement contained mandatory terms that complied with the legislative framework. The classification and remuneration provisions were deemed to be fair and reasonable, providing adequate protection for the employees. The Commission also noted that the agreement did not unfairly disadvantage the employees and provided appropriate safeguards and benefits. Consequently, the application for approval of the enterprise agreement was granted, ensuring that the terms would govern the employment relationship between Ron Gee Enterprises and its employees at the Olympic Dam site.

Ron Gee Enterprises Pty Ltd T/A Ron Gee Enterprises

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established