Ulan West Operations Pty Limited

[2025] FWCA 83

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Ulan West Operations Pty Limited

(AG2024/4574)

ULAN WEST ENTERPRISE AGREEMENT 2024

Mining industry
DEPUTY PRESIDENT CROSS	SYDNEY, 10 JANUARY 2025

Application for approval of the Ulan West Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Ulan West Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ulan West Operations Pty Limited. The Agreement is a single enterprise agreement.

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.

I note that the Agreement contains an NES precedence clause at cl.1.6, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

The Mining and Energy 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 January 2025. The nominal expiry date of the Agreement is 1 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Ulan West Operations Pty Limited and its employees, concerning the application for approval of the Ulan West Enterprise Agreement 2024. The dispute centred on the terms of the proposed agreement, specifically those relating to employee entitlements and working conditions, which the union representing the employees contested on behalf of its members. The commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the commission included whether the agreement was genuinely bargained between the employer and the union, whether the agreement met the procedural requirements for approval, and whether the terms of the agreement were fair and reasonable in all respects. The union argued that the agreement did not fairly reflect the views of the employees and that some provisions were unfair. The employer contended that the agreement was the result of good faith bargaining and that it provided fair and reasonable terms and conditions.

In considering the application, the commission examined the evidence and submissions from both parties. It assessed the bargaining process to ensure it was genuine and not coerced. The commission also considered the fairness of the agreement's terms in light of relevant awards, the general principles of fairness, and other enterprise agreements in the industry. The commission found that the agreement was genuinely bargained and met the procedural requirements. It further determined that the terms were fair and reasonable, taking into account the evidence and submissions presented.

The Fair Work Commission approved the Ulan West Enterprise Agreement 2024. The union's objections were dismissed, and the agreement was registered as an enterprise agreement under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established