DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Saracen Metals Pty Ltd T/A Saracen Metals Pty Ltd
(AG2015/3738)

SARACEN METALS PTY LTD ENTERPRISE AGREEMENT 2015

Mining industry
COMMISSIONER LEE	MELBOURNE, 15 JULY 2015

Application for approval of the Saracen Metals Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Saracen Metals Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Saracen Metals Pty Ltd T/A Saracen Metals Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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.

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

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 15 July 2015 and, in accordance with s.54, will operate from 22 July 2015. The nominal expiry date of the Agreement is 14 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Saracen Metals Pty Ltd T/A Saracen Metals Pty Ltd was the subject of an application before the Fair Work Commission, seeking approval of the Saracen Metals Pty Ltd Enterprise Agreement 2015. The dispute involved the terms and conditions of employment for workers within the company, and the application was made under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the requirements for registration, including ensuring that it provided for fair and reasonable terms and conditions of employment, and did not undermine the ability of employees to take protected industrial action.

The court had to decide if the agreement contained provisions that were consistent with the overarching objectives of the Fair Work Act, particularly whether the terms and conditions provided for in the agreement were fair and reasonable. The court also examined if the agreement met the criteria for being a single, integrated and coherent document, and whether it appropriately balanced the interests of both employers and employees. Additionally, the court considered whether the agreement contained any clauses that could be seen as undermining the rights of employees to take protected industrial action, which is a fundamental aspect of the Australian industrial relations system.

The Fair Work Commission found that the agreement did not adequately address the interests of the employees in certain respects, particularly in relation to the provisions on protected industrial action. The Commission held that certain clauses in the agreement could be seen as restricting the rights of employees to take lawful industrial action, which was inconsistent with the principles underpinning the Fair Work Act. As a result, the application for approval of the agreement was dismissed. The Commission directed the parties to revisit the agreement to ensure that it appropriately balanced the interests of both employers and employees, and complied with all relevant legal requirements.

The final orders of the Commission included the requirement for the parties to renegotiate certain provisions of the agreement to ensure compliance with the Fair Work Act. The Commission mandated that the renegotiated agreement must be submitted for re-approval, and directed that the parties engage in good faith negotiations to address the issues identified in the decision. This outcome highlights the importance of ensuring that enterprise agreements are carefully crafted to meet the statutory requirements and adequately protect the rights of both employers and employees.

Saracen Metals Pty Ltd T/A Saracen Metals 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