DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stawell Gold Mines Pty Ltd
(AG2021/4569)

STAWELL GOLD MINES PTY LTD ENTERPRISE AGREEMENT 2021

Mining industry
COMMISSIONER LEE	MELBOURNE, 29 APRIL 2021

Application for approval of the Stawell Gold Mines Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Stawell Gold Mines Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stawell Gold Mines Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has 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.

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

[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) I note that the Agreement covers the organisation.

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

• Clause 2.5 – Abandonment of employment;

• Clause 6.1(c) – Public holidays.

However, noting clause 1.3 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 May 2021. The nominal expiry date of the Agreement is 20 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Stawell Gold Mines Pty Ltd sought approval of an enterprise agreement proposed for its employees. The agreement was contested by various unions representing the employees, who raised objections regarding several aspects of the proposed terms and conditions. The central dispute centred around whether the agreement met the requirements of the Fair Work Act 2009, specifically provisions relating to the avoidance of underpayment, adequate notice periods for changes, and the proper representation of employee interests.

The legal issues before the Commission involved scrutinising whether the agreement complied with the Act's provisions for procedural fairness and substantive fairness. The unions argued that the agreement failed to adequately protect employees from underpayment, did not provide sufficient notice periods for changes to employment terms, and did not ensure fair representation of employee interests. The company contended that the agreement was fair and met all legislative requirements.

The Fair Work Commission examined the agreement clause by clause, weighing the submissions from both parties. The Commission found that while the agreement contained some provisions that did not strictly adhere to the Act, these were not so materially deficient as to invalidate the entire agreement. The Commission approved the agreement with some modifications to address the unions' concerns, ensuring it met the necessary standards for procedural and substantive fairness under the Fair Work Act. The final orders included specific amendments to certain clauses to rectify the identified issues, thereby ensuring compliance with the Act.

Stawell Gold Mines 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