Vimba Warta Civil & Mining Pty Ltd

[2014] FWCA 704

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vimba Warta Civil & Mining Pty Ltd
(AG2014/3364)

VIMBA WARTA CIVIL & MINING PTY LTD ENTERPRISE AGREEMENT 2013

Mining industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 30 JANUARY 2014

Application for approval of the Vimba Warta Civil & Mining Pty Ltd Enterprise Agreement 2013

[1] An application for approval of an enterprise agreement known as the Vimba Warta Civil & Mining Pty Ltd Enterprise Agreement 2013 (the Agreement) has been made by Vimba Warta Civil & Mining Pty Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

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

[3] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 6 February 2014. The nominal expiry date of the Agreement is 30 January 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Vimba Warta Civil & Mining Pty Ltd, an employer, and a number of its employees who were members of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was about the approval of the Vimba Warta Civil & Mining Pty Ltd Enterprise Agreement 2013, which was submitted to the Fair Work Commission for consideration. The legal issues that the Fair Work Commission was required to decide were whether the agreement was in compliance with the Fair Work Act 2009, and whether it met the requirements for an enterprise agreement under the Act.

The Fair Work Commission found that the agreement was generally compliant with the Fair Work Act, and that it met the requirements for an enterprise agreement. However, the Commission also found that there were some issues with the agreement, particularly in relation to the provisions relating to employee entitlements and leave. The Commission was concerned that some of these provisions did not provide adequate protections for employees, and that they could potentially be used to undermine the rights of employees. The Commission therefore made a number of orders to modify the agreement to address these concerns.

The Fair Work Commission ultimately approved the Vimba Warta Civil & Mining Pty Ltd Enterprise Agreement 2013, subject to the modifications that were made. The Commission found that the agreement was in the best interests of the employees and the employer, and that it would provide a fair and effective means of regulating the terms and conditions of employment for the employees of Vimba Warta Civil & Mining Pty Ltd. The Commission also noted that the modifications that were made to the agreement would ensure that employees were adequately protected, and that the agreement would not be used to undermine their rights.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established