Tasmanian Advanced Minerals Pty Ltd Summary

[2014] FWCA 7891

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Advanced Minerals Pty Ltd
(AG2014/8693)

TASMANIAN ADVANCED MINERALS (PROCESSING) ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	HOBART, 11 NOVEMBER 2014

Application for approval of the Tasmanian Advanced Minerals (Processing) Enterprise Agreement 2014.

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

[2] The consultation provision at clause 7 of the Agreement does not specify that consultation must occur regarding a change to regular rosters, as required by ss.205(1)(a)(ii) and s.205(1A) of the Act. In accordance with s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement, and will be appended to the Agreement.

[3] 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.

[4] 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.

[5] 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.

[6] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 18 November 2014. The nominal expiry date of the Agreement is 1 June 2018.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Tasmanian Advanced Minerals Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Tasmanian Advanced Minerals (Processing) Enterprise Agreement 2014. The applicant, Tasmanian Advanced Minerals Pty Ltd, sought to have the agreement approved under the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements for approval as a protected action (direct action) agreement, as it involved changes to the terms and conditions of employment for certain employees.

The legal issues before the Commission included whether the agreement was genuinely negotiated, whether the agreement provided for a safety net of minimum entitlements and a fair and reasonable safety net, and whether the agreement allowed for appropriate flexibility in the workplace. Additionally, the Commission needed to consider whether the agreement provided for the fair and efficient operation of the enterprise.

The Commission found that the agreement was genuinely negotiated and provided for a safety net of minimum entitlements. It also allowed for appropriate flexibility in the workplace while ensuring a fair and efficient operation of the enterprise. The Commission concluded that the agreement met the statutory requirements for approval under the Fair Work Act 2009. Therefore, the application for approval of the Tasmanian Advanced Minerals (Processing) Enterprise Agreement 2014 was granted.

Tasmanian Advanced Minerals Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established