DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tritton Resources Pty Ltd
(AG2019/888)

TRITTON RESOURCES PTY LTD ENTERPRISE AGREEMENT 2019

Mining industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 6 AUGUST 2019

Application for approval of the Tritton Resources Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Tritton Resources Pty Ltd Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] Pursuant to subsection 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] Pursuant to subsection 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[8] The Australian Workers' Union (NSW Branch) being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[9] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 13 August 2019. The nominal expiry date of the Agreement is 12 August 2022.

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 approval of the Tritton Resources Pty Ltd Enterprise Agreement 2019. The applicant, Tritton Resources, sought to have the agreement registered under the Fair Work Act 2009. The dispute involved various employees and their union, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The crux of the matter was whether the agreement met the requirements of the Act, specifically if it provided for fair and reasonable terms and conditions of employment.

The legal issues before the court included whether the agreement provided for minimum entitlements, if it allowed for genuine bargaining, and if it complied with procedural fairness. The court also needed to consider if the agreement was in the best interests of the employees and if it met the criteria for being a single, integrated, and written agreement. Furthermore, the court had to ensure that the agreement did not undermine the operation of the safety net provided by the modern awards.

The Fair Work Commission found that the agreement satisfied all the legal requirements under the Fair Work Act 2009. It concluded that the agreement provided for fair and reasonable terms and conditions, including minimum entitlements, and that it was the product of genuine bargaining. The court also determined that the agreement was in the best interests of the employees and was a single, integrated, and written document. Consequently, the application for approval was successful, and the agreement was registered.

The Fair Work Commission ordered that the Tritton Resources Pty Ltd Enterprise Agreement 2019 be registered under the Fair Work Act 2009. The registration would be effective from the date of the decision, ensuring that the terms and conditions of the agreement would apply to the employees involved. The decision was made in the interest of providing a fair and balanced agreement that met the statutory requirements and protected the rights of both the employer and the employees.

Tritton Resources 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