DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tritton Resources Pty Ltd
(AG2017/856)

TRITTON RESOURCES PTY LTD ENTERPRISE AGREEMENT 2016

Mining industry
COMMISSIONER LEE	MELBOURNE, 27 APRIL 2017

Application for approval of the Tritton Resources Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Tritton Resources Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tritton Resources Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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 4 May 2017. The nominal expiry date of the Agreement is 27 April 2019.

COMMISSIONER

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 Tritton Resources Pty Ltd Enterprise Agreement 2016. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) who argued that the agreement failed to meet the requirements of the Fair Work Act 2009. The Commission was required to consider whether the agreement provided for the terms and conditions of employment in a manner that was fair and reasonable, and whether the agreement complied with the legal requirements of the Act.

The primary issue before the Commission was whether the agreement contained provisions that adequately protected employees' rights and interests, particularly in relation to wage rates, hours of work, and other employment conditions. The Commission had to consider whether the agreement was in the interests of the employees and whether it met the statutory criteria for approval. The Commission also needed to determine whether the agreement complied with the procedural requirements of the Act, including whether the agreement had been made in good faith and whether it had been properly negotiated.

The Commission found that the agreement was in the interests of the employees and met the statutory criteria for approval. The Commission considered that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the legal requirements of the Act. The Commission was satisfied that the agreement had been made in good faith and had been properly negotiated. The Commission approved the agreement, finding that it provided for a fair and reasonable outcome for all parties.

The Commission made orders approving the Tritton Resources Pty Ltd Enterprise Agreement 2016. The agreement was to be registered with the Fair Work Commission and would be binding on all employees and employers covered by the agreement. The Commission also made orders allowing for the agreement to be varied by the parties in the future, subject to the provisions of the Act.

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