Tasmania Mines Pty Ltd T/A Tasmania Mine Limited

[2024] FWCA 1299

[2024] FWCA 1299

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tasmania Mines Pty Ltd T/A Tasmania Mine Limited

(AG2024/821)

TASMANIA MINES ENTERPRISE AGREEMENT 2023-2026

Mining industry
COMMISSIONER WILSON	MELBOURNE, 11 APRIL 2024

Application for approval of the Tasmania Mines Enterprise Agreement 2023-2026

1. An application has been made for approval of an enterprise agreement known as the Tasmania Mines Enterprise Agreement 2023-2026 (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 T/A Tasmania Mine Limited. The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of the undertakings is attached in 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. The undertakings are taken to be a term of the agreement.

1. Employees were not notified of the time, place and method voting at least 7 clear days prior to the commencement of the vote. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188. Further, having regard to the content of the employer’s declaration I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed.

1. Subject to the undertakings referred to above, 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.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2024. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

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Annexure A