Stanmore Smc Pty Ltd Summary

[2023] FWCA 775

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Stanmore Smc Pty Ltd

(AG2023/293)

STANMORE POITREL MINE ENTERPRISE AGREEMENT 2022

Mining industry
COMMISSIONER P RYAN	SYDNEY, 10 MARCH 2023

Application for approval of the Stanmore Poitrel Mine Enterprise Agreement 2022

Stanmore SMC Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Stanmore Poitrel Mine Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

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

Section 183 Bargaining representatives

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.

In accordance with s.201(2) of the FW Act, I note that the Agreement covers the AMWU and the CFMMEU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 17 March 2023. The nominal expiry date of the Agreement is 10 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Stanmore Smc Pty Ltd involved the application for approval of the Stanmore Poitrel Mine Enterprise Agreement 2022. The application was brought before the Fair Work Commission by the applicant, Stanmore Smc Pty Ltd, who sought to have the enterprise agreement approved under the Fair Work Act 2009. The agreement was submitted to the Commission by the applicant after negotiations with the employees' representative, who was also a party to the proceedings.

The legal issues before the Commission centred on whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement contained all the prescribed terms, if it was made in good faith, and if it provided for the proper operation of the enterprise. The Commission also had to consider whether the agreement met the "better off overall test" for employees, ensuring that the agreement did not put employees worse off than their previous conditions of employment.

In delivering its decision, the Commission examined the terms of the agreement in detail, confirming that it included all prescribed terms and was made in good faith. The Commission found that the agreement was made following proper consultation and negotiation processes. The Commission also concluded that the agreement provided for the proper operation of the enterprise and met the better off overall test, as it offered improvements in terms and conditions for the employees. As a result, the Commission approved the Stanmore Poitrel Mine Enterprise Agreement 2022, deeming it to be a valid and legally binding agreement between the employer and the employees.

Stanmore Smc Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established