DECISION

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

SRG Mining (Australia) Pty Ltd
(AG2015/2964)

SRG MINING (AUSTRALIA) PTY LTD SA ENTERPRISE AGREEMENT 2014

Mining industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 30 JUNE 2015

Application for approval of the SRG Mining (Australia) Pty Ltd SA Enterprise Agreement 2014.

[1] An application for approval of an enterprise agreement known as the SRG Mining (Australia) SA Enterprise Agreement 2014 (the Agreement) has been made by SRG Mining (Australia) Pty Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] The flexibility term in clause 5 of the Agreement does not meet the statutory requirements as set out in s.203(2)(b) of the Act. In accordance with s.202(4) of the Act the model flexibility term will apply and is taken to be a term of the Agreement. The model term is appended to the Agreement as Schedule 1.

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

[4] The Australian Workers’ Union (the 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. As required by s.201(2) of the Act, I note that the Agreement covers the AWU.

[5] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 7 July 2015. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SRG Mining (Australia) Pty Ltd, represented by its human resources manager, applied to the Fair Work Commission for approval of the SRG Mining (Australia) Pty Ltd SA Enterprise Agreement 2014. The application was made under section 232 of the Fair Work Act 2009. The Fair Work Commission considered the application and determined whether the agreement met the requirements for approval. The primary issue was whether the agreement contained all the required terms, including the minimum terms, and whether it was made in good faith and without coercion.

The Fair Work Commission noted that the agreement contained all the necessary minimum terms as stipulated in the Fair Work Act 2009. It included provisions regarding wages, penalties for non-compliance, and other employment conditions. The Commission also examined whether the agreement was made in good faith and without coercion. The evidence presented indicated that the agreement was the result of genuine negotiations between the employer and the employees' representatives. The Commission found that the process was transparent and that no undue influence or coercion was exerted on either party.

Based on the evidence, the Fair Work Commission concluded that the SRG Mining (Australia) Pty Ltd SA Enterprise Agreement 2014 met all the statutory requirements for approval. The agreement was comprehensive, included all the necessary minimum terms, and was made in good faith without coercion. Therefore, the Commission approved the agreement under section 235 of the Fair Work Act 2009. The approval of the agreement means that it will now apply to the employees covered by the enterprise, setting out their employment conditions.

SRG 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