DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Saracen Gold Mines Pty Limited
(AG2018/6420)

SARACEN ENTERPRISE AGREEMENT 2018

Mining industry
COMMISSIONER JOHNS	SYDNEY, 13 MARCH 2019

Application for approval of the Saracen Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Saracen Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Saracen Gold Mines Pty Limited. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Workers’ Union (AWU) 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 20 March 2019. The nominal expiry date of the Agreement is 12 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, the matter of an application for the approval of the Saracen Enterprise Agreement 2018 was considered. The applicant, Saracen Gold Mines Pty Limited, sought the approval of the agreement from the Fair Work Commission. The agreement was between the applicant and a number of employees who were represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on whether the terms of the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The court was required to determine whether the agreement was a lawful agreement, and whether it complied with the provisions of the Fair Work Act. The key legal issues included whether the agreement contained all the required terms, whether the agreement was made in good faith, and whether the agreement was procedurally fair. The court also considered whether the agreement contained terms that were contrary to public policy.

The court found that the agreement was a lawful agreement and complied with the provisions of the Fair Work Act. The court held that the agreement contained all the required terms, and that it was made in good faith. The court also found that the agreement was procedurally fair, and that it did not contain any terms that were contrary to public policy. The court was satisfied that the agreement met the statutory requirements for approval, and accordingly granted the application for approval of the agreement. The court ordered that the agreement be approved as a registered agreement under the Fair Work Act.

Saracen Gold Mines Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established