DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vimba Warta Civil & Mining Pty Ltd
(AG2017/5612)

VIMBA WARTA CIVIL & MINING ENTERPRISE AGREEMENT 2017

Mining industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 FEBRUARY 2018

Application for approval of the Vimba Warta Civil & Mining Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Vimba Warta Civil & Mining Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Vimba Warta Civil & Mining 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.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.

[5] The Agreement was approved on 26 February 2018 and, in accordance with s.54, will operate from 5 March 2018. The nominal expiry date of the Agreement is 26 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the case of Vimba Warta Civil & Mining Pty Ltd involved an application for the approval of the Vimba Warta Civil & Mining Enterprise Agreement 2017. The applicant, Vimba Warta Civil & Mining Pty Ltd, sought to have the proposed enterprise agreement ratified, which would establish the terms and conditions of employment for the workers in their organisation. The legal dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009 to be approved by the Commission.

The central legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements set forth in the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement was made in good faith and whether it contained the essential elements required by the Act, including provisions on minimum rates of pay, maximum hours of work, and other terms and conditions of employment. Additionally, the Commission needed to ensure that the agreement had been negotiated fairly and that it met the criteria for being a simple, low-risk agreement.

The Commission found that the Vimba Warta Civil & Mining Enterprise Agreement 2017 was in compliance with the necessary requirements of the Fair Work Act 2009. The evidence presented demonstrated that the agreement had been negotiated in good faith, and the terms and conditions were fair and reasonable. The agreement contained all the essential elements as required by the Act, including provisions for minimum rates of pay, maximum hours of work, and other employment conditions. The Commission was satisfied that the agreement met the criteria for being a simple, low-risk agreement, and thus, it was in the best interest of the workers to approve the agreement.

Accordingly, the Fair Work Commission approved the Vimba Warta Civil & Mining Enterprise Agreement 2017. The approval was effective from the date of the Commission's decision, and the agreement would govern the employment terms and conditions for the workers employed by Vimba Warta Civil & Mining Pty Ltd.

Vimba Warta Civil & Mining 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