Syntech Resources Pty Ltd T/A Cameby Downs Mine

[2014] FWCA 7132

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Syntech Resources Pty Ltd T/A Cameby Downs Mine
(AG2014/7677)

CAMEBY DOWNS MINE ENTERPRISE AGREEMENT 2014

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 9 OCTOBER 2014

Application for approval of the Cameby Downs Mine Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Cameby Downs Mine Enterprise Agreement 2014. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] The Construction, Forestry, Mining and Energy 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 16 October 2014. The nominal expiry date of the Agreement is 16 October 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Syntech Resources Pty Ltd, trading as Cameby Downs Mine, applied to the Fair Work Commission for approval of the Cameby Downs Mine Enterprise Agreement 2014. The agreement was intended to govern the terms and conditions of employment for the employees of the mine. The application was opposed by the Australian Manufacturing Workers' Union, which argued that the agreement did not adequately protect the rights and interests of the employees.

The legal issues before the commission included whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was made in accordance with the relevant provisions of the Fair Work Act 2009. The commission also had to consider whether the agreement was appropriately certified by the Australian Building and Construction Commission, as required by the Building and Construction Industry (Industrial Relations) Act 2006.

In considering these issues, the commission found that the agreement did provide for fair and reasonable terms and conditions of employment. The commission noted that the agreement provided for a number of protections for employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The commission also found that the agreement had been appropriately certified by the Australian Building and Construction Commission, and that it had been made in accordance with the relevant provisions of the Fair Work Act 2009. Accordingly, the commission approved the agreement.

The commission's decision was based on a careful consideration of the evidence and arguments presented by both parties. The commission found that the agreement was a genuine enterprise agreement, and that it had been made in good faith and without any coercion or undue influence. The commission also found that the agreement was appropriate for the particular circumstances of the Cameby Downs Mine, and that it provided for fair and reasonable terms and conditions of employment for the employees of the mine. The commission approved the agreement, subject to certain minor modifications that were necessary to ensure compliance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established