DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Advanced Minerals Pty Ltd
(AG2018/3705)

TASMANIAN ADVANCED MINERALS ENTERPRISE AGREEMENT 2018

Mining industry
COMMISSIONER GREGORY	MELBOURNE, 6 MAY 2019

Application for approval of the Tasmanian Advanced Minerals Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Tasmanian Advanced Minerals Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tasmanian Advanced Minerals Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 May 2019. The nominal expiry date of the Agreement is 12 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Court of Australia, the matter of Tasmanian Advanced Minerals Pty Ltd was presented, where the company sought approval of the Tasmanian Advanced Minerals Enterprise Agreement 2018. The dispute involved the company's request for the court to endorse the agreement reached between the employer and the employees represented by the relevant union. The legal issues before the court revolved around whether the agreement complied with the provisions of the Fair Work Act 2009 and whether it met the necessary standards for being a simple, clear, and fair agreement.

The court examined various aspects of the agreement, including its clarity, fairness, and compliance with statutory requirements. It considered whether the agreement provided adequate protection to employees and whether it included all necessary provisions as per the legislative framework. The court also assessed whether the union had genuinely represented the employees in the negotiation process and whether the agreement had been made in good faith. After a thorough analysis, the court concluded that the agreement was fair and reasonable, met the statutory requirements, and accurately represented the terms and conditions agreed upon by the parties.

The court approved the Tasmanian Advanced Minerals Enterprise Agreement 2018, finding that it was a fair and reasonable agreement that met all statutory requirements. The decision was based on the comprehensive review of the agreement's contents and the evidence presented regarding the negotiation process. The court's approval ensured that the agreement would be legally binding on both the employer and the employees, providing a clear framework for their relationship moving forward.

Tasmanian Advanced Minerals 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