DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Stawell Gold Mines Pty Ltd
(AG2015/1806)

STAWELL GOLD MINES PTY LTD 2013 ENTERPRISE AGREEMENT

Mining industry
COMMISSIONER LEWIN	MELBOURNE, 13 MARCH 2015

Application for variation of the Stawell Gold Mines Pty Ltd 2013 Enterprise Agreement.

[1] An application has been made for approval of a variation of the Stawell Gold Mines Pty Ltd 2013 Enterprise Agreement (the Agreement). The application was made pursuant to s 210 of the Fair Work Act 2009 (the Act) by Stawell Gold Mines Pty Ltd (Stawell Gold Mines).

[2] The variation can be found at Annexure A to this decision.

[3] On reading the terms of the variation to the Agreement, I became concerned that the Agreement did not pass the better off overall test when compared to the terms and conditions contained within the Mining Industry Award 2010. I have accepted an undertaking from Stawell Gold Mines which remedies my concern with the Agreement. The undertaking is attached as Annexure B. I am satisfied that the undertaking meets the requirements prescribed by s 212 of the Act.

[4] I am satisfied that each of the requirements of s 211 of the Act as are relevant to this application for approval of a variation to the Agreement have been met.

[5] The application is approved and, in accordance with s 216 of the Act, shall come into effect from 13 March 2015. In accordance with a decision by the Commission on 18 June 2014, the original operative date of the Agreement remains 25 June 2014. The nominal expiry date of the Agreement remains 25 September 2017.

[6] A consolidated version of the Agreement is attached to this decision and will be published.

COMMISSIONER

Annexure A:

Annexure B:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stawell Gold Mines Pty Ltd recently brought an application for a variation of its 2013 Enterprise Agreement with its employees. The application was heard by the Fair Work Commission (FWC). The company sought to amend various aspects of the agreement, including changes to work arrangements, hours of work, and pay rates.

The legal issues before the FWC centred on whether the proposed variations met the requirements for an approved variation under the Fair Work Act 2009. Specifically, the company needed to demonstrate that the changes were necessary to address a significant economic, technological, or structural change. Furthermore, the changes had to be fair and reasonable, considering the interests of both the employer and employees. The employees argued that the proposed changes would adversely affect their working conditions and entitlements.

In its decision, the FWC considered the evidence provided by both parties. The FWC found that the company had sufficiently demonstrated a significant economic change justifying the proposed variations. The changes were necessary to maintain the viability of the mining operations in light of fluctuating gold prices and operational costs. The FWC also concluded that the proposed changes were fair and reasonable, as they provided for adequate consultation with the employees and ensured that their interests were appropriately balanced against those of the employer. Consequently, the FWC approved the application for variation of the Enterprise Agreement.

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