DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmania Mines Pty Ltd
(AG2018/5398)

TASMANIA MINES ENTERPRISE AGREEMENT 2017

Mining industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 15 MARCH 2019

Application for approval of the Tasmania Mines Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Tasmania Mines Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tasmania Mines Pty Ltd on behalf of Tasmania Mines Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Australian Workers’ 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2019. The nominal expiry date of the Agreement is 30 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Tasmania Mines Pty Ltd was the applicant seeking approval of the Tasmania Mines Enterprise Agreement 2017. The Fair Work Commission was the respondent in the proceeding. The applicant sought to have the proposed agreement approved under the Fair Work Act 2009, which required the agreement to meet certain criteria, including being free from prohibited content and having been genuinely agreed upon by the parties. The dispute arose as the respondent questioned the validity of the agreement, raising issues about its compliance with the legislative requirements.

The legal issues before the Commission included whether the agreement contained prohibited content, whether it had been genuinely agreed upon, and whether it met the other statutory requirements for approval. The Commission examined the text of the agreement and the evidence provided by both parties to determine if the agreement was free from prohibited content and had been genuinely agreed upon. The Commission also considered whether the agreement met the other statutory requirements for approval, such as being in writing and setting out the terms and conditions of employment.

After reviewing the evidence and the agreement, the Commission found that the Tasmania Mines Enterprise Agreement 2017 was free from prohibited content and had been genuinely agreed upon by the parties. The Commission determined that the agreement met the other statutory requirements for approval, and therefore, approved the agreement. The Commission considered the evidence provided by both parties and the terms of the agreement in reaching its decision.

The Commission approved the Tasmania Mines Enterprise Agreement 2017, finding that it met the statutory requirements for approval. The Commission found that the agreement was free from prohibited content and had been genuinely agreed upon by the parties. The Commission also found that the agreement met the other statutory requirements for approval, such as being in writing and setting out the terms and conditions of employment. The applicant's application for approval of the agreement was therefore successful.

Tasmania 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