Tritton Resources Pty Ltd

[2014] FWCA 8227

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Tritton Resources Pty Ltd
(AG2014/7739)

TRITTON RESOURCES LIMITED EMPLOYEE ENTERPRISE AGREEMENT 2014

Mining industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 19 NOVEMBER 2014

Application for approval of the Tritton Resources Limited Employee Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Tritton Resources Limited Employee Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided by Tritton Resources Limited in relation to clause 16 of the Agreement (Annual Leave). A copy of the undertaking is attached at Annexure A, and is taken to be a term of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 26 November 2014. The nominal expiry date of the Agreement is 26 November 2016.

SENIOR DEPUTY PRESIDENT

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Price code G, AE411220 PR557926

Annexure A

CaseChat Overview and Summary

The applicant, Tritton Resources Pty Ltd, sought approval for the Tritton Resources Limited Employee Enterprise Agreement 2014 in the Fair Work Commission. The dispute centred around the terms and conditions of employment, specifically whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The respondent, the Australian Council of Trade Unions, argued that certain provisions of the agreement did not comply with the legislative standards.

The court was tasked with determining whether the agreement was consistent with the provisions of the Fair Work Act, including whether it provided for minimum terms and conditions, and whether it contained provisions that would be contrary to public policy or unjust. The court had to examine if the agreement appropriately balanced the rights and obligations of both the employer and employees, and if it adhered to the principles of procedural fairness.

The Fair Work Commission found that the majority of the agreement's provisions met the legislative requirements and were fair and reasonable in the circumstances. The court held that the provisions that were in contention did not contravene the Act, nor did they impose conditions that were unjust or contrary to public policy. The Commission approved the agreement, recognising that it provided for a fair and reasonable framework for the employment relationship.

The final orders included the approval of the Tritton Resources Limited Employee Enterprise Agreement 2014, subject to the specific conditions outlined in the Commission's decision. The agreement was to be registered and would take effect from the date of the Commission's approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established