DECISION

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

CAS Mine Services Pty Ltd T/A CAS Mine Services
(AG2019/506)

THE CAS MINE SERVICES RUSSELL VALE AND WONGAWILLI MINES ENTERPRISE AGREEMENT 2019

Coal industry
COMMISSIONER RIORDAN	SYDNEY, 10 APRIL 2019

Application for approval of The CAS Mine Services Russell Vale and Wongawilli Mines Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the The CAS Mine Services Russell Vale and Wongawilli Mines Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CAS Mine Services Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Fair Work Commission (FWC) received correspondence dated 8 April 2019, which included further material in support of the application together with Undertakings made by and duly signed by the General Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2019. The nominal expiry date of the Agreement is 17 April 2021.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CAS Mine Services Pty Ltd, trading as CAS Mine Services, applied to the Fair Work Commission for approval of The CAS Mine Services Russell Vale and Wongawilli Mines Enterprise Agreement 2019. The applicants sought to have the agreement registered under the Fair Work Act 2009, to ensure it complied with the legal standards for enterprise agreements in Australia. The dispute arose from the need to align the agreement with federal employment laws and to secure the rights and obligations of the parties involved.

The central legal issue before the Commission was whether the proposed enterprise agreement met all the necessary requirements for approval under the Fair Work Act. This included verifying that the agreement had been fairly and genuinely negotiated between the employer and employees, that it did not disadvantage employees, and that it complied with all relevant provisions of the Act. Additionally, the Commission had to ensure that the agreement did not contravene any minimum entitlements prescribed by the relevant award or other industrial instrument.

The Fair Work Commission examined the evidence and submissions from both parties, focusing on the negotiation process and the content of the agreement. The Commission found that the agreement was fairly and genuinely negotiated, did not disadvantage employees, and complied with all relevant provisions of the Fair Work Act. It concluded that the agreement was consistent with the principles of the Act and met all the statutory requirements for approval. The Commission approved the enterprise agreement, ensuring that it would provide a fair and effective framework for employment relations between CAS Mine Services and its employees.

The Fair Work Commission's decision resulted in the approval of The CAS Mine Services Russell Vale and Wongawilli Mines Enterprise Agreement 2019, with the agreement now registered and in effect. This outcome provided legal certainty for both the employer and employees, ensuring that the agreement would operate as intended within the framework of federal employment laws.

CAS Mine Services Pty Ltd T/A CAS Mine Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established