Tritton Resources Pty Ltd

[2022] FWCA 3860

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tritton Resources Pty Ltd

(AG2022/4310)

Aeris Resources – Tritton Operations Enterprise Agreement 2022

Mining industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 3 NOVEMBER 2022

Application for approval of the Aeris Resources - Tritton Operations Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Aeris Resources - Tritton Operations Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (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.

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.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 10 November 2022. The nominal expiry date of the Agreement is 2 November 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Tritton Resources Pty Ltd applied to the Fair Work Commission for the approval of the Aeris Resources - Tritton Operations Enterprise Agreement 2022. The dispute centred around whether the agreement adequately fulfilled the requirements set out in the Fair Work Act 2009, including provisions for minimum terms and conditions, dispute resolution, and the avoidance of unfair dismissals.

The Commission had to determine whether the agreement met the "better-off overall test," ensuring that employees were not worse off than under the applicable awards, and whether the agreement had been made in good faith and without coercion. Additionally, the Commission examined the process by which the agreement was negotiated and the extent to which it represented the interests of the employees.

In rendering its decision, the Fair Work Commission found that the Aeris Resources - Tritton Operations Enterprise Agreement 2022 satisfied the better-off overall test. The Commission noted that the agreement provided terms and conditions that were, in many respects, superior to the relevant awards, including provisions for additional leave entitlements and a dispute resolution framework. The Commission was also satisfied that the agreement had been made in good faith and that the process of negotiation was robust and free from coercion. The Commission approved the agreement, recognising it as a fair and reasonable outcome for the employees.

The Commission's decision was based on the comprehensive evidence presented regarding the negotiation process and the content of the agreement. It highlighted the importance of the better-off overall test in ensuring that employees benefit from enterprise agreements. The approval of the agreement marked a significant step forward in the relationship between Aeris Resources and its employees, providing a stable and fair framework for future industrial relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established