DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stawell Gold Mines Pty Ltd
(AG2018/4912)

STAWELL GOLD MINES PTY LTD ENTERPRISE AGREEMENT 2018

Mining industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 FEBRUARY 2019

Application for approval of the Stawell Gold Mines Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Stawell Gold Mines Pty Ltd Enterprise Agreement 2018 (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.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2019. The nominal expiry date of the Agreement is 20 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Stawell Gold Mines Pty Ltd recently applied to the Fair Work Commission for approval of the Stawell Gold Mines Pty Ltd Enterprise Agreement 2018. The dispute arose due to objections raised by a party regarding the terms of the agreement and its compliance with relevant labour laws. The case was heard by the Fair Work Commission, which is responsible for overseeing enterprise agreements and ensuring they meet statutory requirements.

The legal issues before the Commission involved assessing whether the agreement complied with the Fair Work Act 2009, including whether it met the "better off overall test" and was free from prohibited content. The Commission needed to determine if the agreement provided employees with at least the same pay and conditions as those set by the relevant award or registered agreement, and whether it contained any terms that were unfair or contrary to public policy.

The Commission conducted a thorough analysis of the agreement and the submissions made by the parties. It concluded that the agreement was compliant with the statutory requirements of the Fair Work Act 2009. The Commission found that the agreement provided employees with fair and reasonable terms and conditions, meeting the better off overall test. Additionally, the Commission determined that the agreement did not contain any terms that were contrary to public policy or otherwise prohibited. As a result, the Commission approved the Stawell Gold Mines Pty Ltd Enterprise Agreement 2018.

The Fair Work Commission approved the Stawell Gold Mines Pty Ltd Enterprise Agreement 2018, finding it to be compliant with the Fair Work Act 2009. The agreement was deemed to provide employees with fair and reasonable terms and conditions, meeting the statutory requirements. The Commission's decision is a significant step forward for the parties involved, ensuring that the agreement remains in effect and provides a stable framework for industrial relations within the company.

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