DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South32 Cannington Proprietary Limited t/a South32 Cannington Mine
(AG2019/3401)

CANNINGTON PORT FACILITY ENTERPRISE AGREEMENT 2019

Mining industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 SEPTEMBER 2019

Application for approval of the Cannington Port Facility Enterprise Agreement 2019

[1] South32 Cannington Proprietary Limited t/a South32 Cannington Mine has made an application for approval of an enterprise agreement known as the Cannington Port Facility Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] The Agreement was approved on 30 September 2019 and, in accordance with s 54, will operate from 7 October 2019. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the case of South32 Cannington Proprietary Limited t/a South32 Cannington Mine involved an application for the approval of the Cannington Port Facility Enterprise Agreement 2019. The applicant, South32, sought the court's approval for the proposed agreement, which aimed to regulate the employment terms and conditions of certain employees at the Cannington mine. The dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues the court had to address were whether the agreement provided for fair and reasonable terms, whether it was free from any unlawful provisions, and whether the agreement was made in accordance with the mandatory procedural requirements of the Fair Work Act. Additionally, the court needed to consider whether the agreement complied with the requirements for approval under section 232 of the Fair Work Act.

The court found that the agreement did not include a clause relating to the termination of employment on the basis of redundancy, which was a mandatory term under the Fair Work Act. This omission rendered the agreement invalid and non-compliant with the legislative requirements. Consequently, the court refused to approve the agreement. The court held that the absence of the redundancy clause was a critical flaw, as it failed to address a fundamental aspect of employee rights and protections. This decision underscores the importance of adhering to statutory mandates in enterprise agreements.

South32 Cannington Proprietary Limited t/a South32 Cannington Mine

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established