Tasmania Mines Pty Ltd T/A Tasmania Mine Limited

[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

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.

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Tasmania Mines Pty Ltd, trading as Tasmania Mine Limited, applied to the Fair Work Commission for approval of the Tasmania Mines Enterprise Agreement 2023-2026. The application arose in the context of the company's operations within the mining sector and the need to secure a new enterprise agreement with its workforce. The Fair Work Commission, exercising its powers under the Fair Work Act 2009, was tasked with determining whether the proposed agreement met the legal standards for approval, including ensuring that it was fair and reasonable.

The primary legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act, specifically sections that mandate the agreement to be fair and reasonable, and whether it met the specific criteria such as coverage, terms and conditions, and dispute resolution mechanisms. The Commission needed to examine the fairness of the agreement, including its provisions on wages, hours of work, leave entitlements, and other employment conditions, as well as the process by which the agreement was reached and the extent of employee consultation.

In its decision, the Fair Work Commission carefully reviewed the terms of the proposed agreement against the statutory requirements. The Commission noted that the agreement had been negotiated in good faith and that the terms were fair and reasonable for the employees covered by it. The Commission considered the provisions on wages, hours, and conditions, finding them to be consistent with industry standards and equitable. Additionally, the dispute resolution mechanisms were deemed effective and compliant with the Act. Based on these findings, the Commission concluded that the Tasmania Mines Enterprise Agreement 2023-2026 met the necessary legal standards and approved the agreement.

The Fair Work Commission's final order was to approve the Tasmania Mines Enterprise Agreement 2023-2026, effective from 1 July 2023. The Commission determined that the agreement was fair and reasonable, met the statutory requirements, and would provide a stable and equitable framework for the employees of Tasmania Mines Pty Ltd for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established