Tasmania Mines Limited

[2014] FWCA 7881

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmania Mines Limited
(AG2014/8930)

TASMANIA MINES ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	HOBART, 6 NOVEMBER 2014

Application for approval of the Tasmania Mines Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Tasmania Mines Enterprise Agreement 2014 (the Agreement). The application was made by Tasmania Mines Limited pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at 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] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

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

[5] The Australian Workers’ Union has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[6] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 13 November 2014. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Tasmania Mines Limited, a mining company, and the Fair Work Commission, the body responsible for approving enterprise agreements under the Fair Work Act 2009. The dispute centred on the approval of the Tasmania Mines Enterprise Agreement 2014, which the company sought to implement. The Fair Work Commission was tasked with determining whether the agreement complied with the statutory requirements for approval, including whether it provided for minimum terms and conditions and if it was free from any illegality or unfairness.

The key legal issues before the court were whether the Tasmania Mines Enterprise Agreement 2014 met the criteria for approval under section 232 of the Fair Work Act 2009. This included ensuring that the agreement provided for terms and conditions that were no less favourable than the relevant national employment standards and that it did not contain any illegality or unfairness. The company argued that the agreement was fair and met all legislative requirements, while any contentions were dismissed as minor and not affecting the overall validity of the agreement.

The court examined the agreement closely, considering the provisions on wages, leave entitlements, and other employment conditions. The court found that the agreement did provide for minimum terms and conditions in line with the national employment standards and did not contain any illegality or unfairness. The minor issues raised did not undermine the overall fairness of the agreement, and therefore, the court approved the Tasmania Mines Enterprise Agreement 2014 as compliant with the legislative requirements.

In conclusion, the Fair Work Commission granted approval for the Tasmania Mines Enterprise Agreement 2014, confirming that it met all the necessary criteria under the Fair Work Act 2009. The court's decision recognised the agreement as a fair and legally compliant framework for employment conditions within the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established