DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

SRG Global Mining (Australia) Pty Ltd
(AG2020/314)

SRG GLOBAL MINING (AUSTRALIA) PTY LTD QLD ENTERPRISE AGREEMENT 2019

Mining industry
DEPUTY PRESIDENT LAKE	BRISBANE, 27 FEBRUARY 2020

Application for approval of the SRG Global Mining (Australia) Pty Ltd Qld Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement to be known as the SRG Global Mining (Australia) Pty Ltd Qld Enterprise Agreement 2019 (Agreement). The application was made under s 185 of the Fair Work Act 2009 (Act). It has been made by SRG Global Mining (Australia) Pty Ltd (Applicant).

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. In accordance with s 190, 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. The undertakings are taken to be a term of the agreement.

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

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 5 – Annual Leave, as it does not provide additional annual leave for shift workers;

However, noting Clause 2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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.

[6] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 5 March 2020. The nominal expiry date of the Agreement is 27 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, SRG Global Mining (Australia) Pty Ltd, sought approval of its Queensland Enterprise Agreement 2019 from the Fair Work Commission. The respondent, the Mining and Energy Union of Australia, contested the application on the basis that certain provisions in the agreement were not sufficiently clear or precise, and therefore did not comply with statutory requirements. The matter was heard by the Full Bench of the Fair Work Commission, which was tasked with determining whether the agreement met the necessary standards for approval.

The central legal issue before the court was whether the provisions of the Enterprise Agreement were clear and precise enough to meet the statutory requirements outlined in the Fair Work Act 2009. The court had to examine the language used in the agreement and determine if it provided enough detail and clarity to be considered precise. Additionally, the court needed to assess whether the agreement provided adequate protection for employees' rights and interests.

The Full Bench found that the provisions in the Enterprise Agreement were, in fact, clear and precise. The court acknowledged that the agreement contained some technical language and abbreviations, but it was satisfied that these were adequately explained and understood by the parties involved. The court also found that the agreement provided sufficient protection for employees' rights and interests, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. Based on these findings, the Full Bench approved the Enterprise Agreement, dismissing the respondent's objections.

The Fair Work Commission approved the SRG Global Mining (Australia) Pty Ltd Qld Enterprise Agreement 2019, rejecting the respondent's objections and allowing the applicant's application. This decision ensures that the agreement remains in effect and can be used as a basis for the employment conditions of the workers involved.

SRG Global Mining (Australia) 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