DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South32 Cannington Pty Ltd
(AG2018/7418)

SOUTH32 CANNINGTON ENTERPRISE AGREEMENT 2017

Mining industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 APRIL 2019

Application for approval of the South32 Cannington Enterprise Agreement 2017.

[1] South32 Cannington Pty Ltd has made an application for approval of an enterprise agreement known as the South32 Cannington Enterprise Agreement 2017 (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] 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.

[4] The Australian Workers’ Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 3 April 2019 and, in accordance with s 54, will operate from 10 April 2019. The nominal expiry date of the Agreement is 3 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of South32 Cannington Pty Ltd, the Fair Work Commission was asked to consider the approval of the South32 Cannington Enterprise Agreement 2017. The dispute centred around the terms of the agreement between the employer, South32 Cannington Pty Ltd, and the employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The employees were concerned about the fairness and adequacy of the proposed agreement, which sought to set out the terms and conditions of employment for the workforce.

The legal issues before the Commission included whether the proposed agreement was in the best interests of the employees and whether it complied with relevant legislative requirements. Specifically, the Commission had to determine whether the agreement provided fair and reasonable terms for the employees, and whether it met the criteria for approval under the Fair Work Act 2009. The Commission also considered whether the agreement had been negotiated in good faith and whether it provided for appropriate dispute resolution mechanisms.

The Commission found that the proposed agreement was in the best interests of the employees and met the criteria for approval. The Commission noted that the agreement provided for fair and reasonable terms of employment, and that it complied with relevant legislative requirements. The Commission also found that the agreement had been negotiated in good faith and provided for appropriate dispute resolution mechanisms. As a result, the Commission approved the South32 Cannington Enterprise Agreement 2017.

The Fair Work Commission approved the South32 Cannington Enterprise Agreement 2017, finding that it provided fair and reasonable terms for the employees and met the criteria for approval under the Fair Work Act 2009. The Commission noted that the agreement had been negotiated in good faith and provided for appropriate dispute resolution mechanisms. The approval of the agreement ensures that the employees will continue to be governed by the terms and conditions set out in the agreement, providing them with certainty and stability in their employment.

South32 Cannington 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