DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WBHO Infrastructure Pty Ltd T/A WBHO
(AG2016/1203)

WBHO INFRASTRUCTURE PTY LTD EMPLOYEE AGREEMENT FOR NEWCREST TELFER GOLD MINE 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 30 JUNE 2016

Application for approval of the WBHO Infrastructure Pty Ltd Employee Agreement for Newcrest Telfer Gold Mine 2016.

[1] An application has been made for approval of an enterprise agreement known as the WBHO Infrastructure Pty Ltd Employee Agreement for Newcrest Telfer Gold Mine 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by WBHO Infrastructure Pty Ltd T/A WBHO. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 30 June 2016 and, in accordance with s.54, will operate from 7 July 2016. The nominal expiry date of the Agreement is 29 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by WBHO Infrastructure Pty Ltd, trading as WBHO, seeking approval of a new employee agreement for the Newcrest Telfer Gold Mine. The matter was brought before the Fair Work Commission, which is the body responsible for overseeing and enforcing workplace relations laws in Australia. The application was necessitated by the need to ensure that the new employee agreement complied with the relevant legislative framework, including provisions from the Fair Work Act 2009.

The central legal issues the Commission had to address were whether the terms of the proposed employee agreement were fair and reasonable, and if they adhered to the standards set by the Fair Work Act and the relevant awards and agreements. The Commission had to consider several aspects of the agreement, including the wages, hours of work, leave provisions, and other employment conditions. The applicant needed to demonstrate that the agreement was necessary to accommodate specific circumstances and that it did not undermine the rights and protections afforded to employees under the Act.

In delivering its decision, the Commission examined the evidence and submissions presented by the parties. It took into account the specific operational requirements of the Telfer Gold Mine, the nature of the work being performed, and the need for flexibility in employment arrangements. The Commission concluded that the proposed agreement was fair and reasonable, and it approved the employee agreement for use at the Newcrest Telfer Gold Mine. The Commission's approval was contingent on certain conditions being met, which aimed to safeguard the interests of the employees.

The Fair Work Commission approved the WBHO Infrastructure Pty Ltd Employee Agreement for the Newcrest Telfer Gold Mine, subject to specific conditions. This decision recognised the unique operational environment of the gold mine and the need for tailored employment arrangements. The approval was conditional on compliance with the Fair Work Act and other relevant legislative requirements, ensuring that employees' rights and protections were upheld.

WBHO Infrastructure Pty Ltd T/A WBHO

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established