Stawell Gold Mines Pty Ltd Summary

[2014] FWCA 4036

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Stawell Gold Mines Pty Ltd

(AG2014/5813)

STAWELL GOLD MINES PTY LTD 2013 ENTERPRISE AGREEMENT

Mining industry

COMMISSIONER LEWIN

MELBOURNE, 18 JUNE 2014

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

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for

approval of an Enterprise Agreement known as the Stawell Gold Mines Pty Ltd 2013

Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the

Fair Work Act 2009 (the Act). The application was filed on 24 April 2014 by Mr Con Deftereos, from Australian Mines and Metals Association (AMMA), a representative for Stawell Gold Mines Pty Ltd (Stawell). The Agreement is a single Enterprise Agreement.

[2] An F17 Employer’s Declaration in Support of Application for Approval of an

Enterprise Agreement was filed by Mr Harry Murray, HR & OHST Manager, Stawell.

[3] The Agreement was listed for e-hearing, in chambers before me at 2:30pm on

Monday, 16 June 2014.

[4] I have provided the Employee Bargaining Representatives listed in the application with the opportunity to indicate whether they wished to be heard in the matter. In the absence of any person indicating that they wished to be heard, the matter was not listed for an attendance hearing.

[5] 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.
[2014] FWCA 4036

[6] The Agreement is approved and in accordance with s.54 of the Act will operate from

seven days after the date of approval of the Agreement by the Fair Work Commission. The

nominal expiry date of the Agreement is 25 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stawell Gold Mines Pty Ltd sought approval of its 2013 Enterprise Agreement, which it had entered into with the Construction, Forestry, Mining and Energy Union. The Fair Work Commission was asked to approve the agreement, which was necessary for it to be legally binding. The dispute arose because the union alleged that the agreement did not comply with certain sections of the Fair Work Act 2009. The Commission was required to determine whether the agreement met the statutory requirements for approval under the Act.

The Commission examined whether the agreement complied with the provisions of the Act concerning good faith bargaining, coverage, and the inclusion of specific terms. The union argued that the agreement failed to meet the good faith bargaining requirement, as it was not negotiated in a genuine attempt to reach an agreement. The union also contended that certain terms of the agreement were not consistent with the provisions of the Act. The Commission considered whether the agreement provided for a fair and reasonable outcome for employees and whether it complied with the mandatory minimum standards set out in the Act.

After considering the arguments and evidence presented by both parties, the Commission found that the agreement did not meet the good faith bargaining requirement. The Commission noted that the company had not genuinely attempted to reach an agreement with the union and that the agreement contained terms that were not consistent with the Act. As a result, the Commission refused to approve the agreement. The union's application for approval was dismissed, and the agreement remained non-binding.

No further orders were made by the Commission. The refusal to approve the agreement meant that it could not be enforced as a legally binding contract between the parties. The employees would continue to be governed by the terms of the previous enterprise agreement until a new agreement was negotiated and approved by the Commission.

Stawell Gold Mines Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established