DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CAS Mine Services Pty Ltd
(AG2019/4947)

CAS MINE SERVICES NSW SOUTH WESTERN ENTERPRISE AGREEMENT 2019

Mining industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 JANUARY 2020

Application for approval of the CAS Mine Services NSW South Western Enterprise Agreement 2019

[1] CAS Mine Services Pty Ltd has made an application for approval of an enterprise agreement known as the CAS Mine Services NSW South Western Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Maritime, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 14 January 2020 and, in accordance with s 54, will operate from 21 January 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Fair Work Commission was asked to approve the CAS Mine Services NSW South Western Enterprise Agreement 2019. The agreement was negotiated between CAS Mine Services Pty Ltd, a mining services provider, and unions representing employees in the South Western region of New South Wales. The unions sought approval for the agreement under section 178 of the Fair Work Act 2009, which allows for the direct registration of enterprise agreements if certain conditions are met. The company opposed the application on the basis that the agreement did not meet the "no disadvantage test" under section 178(1)(b) of the Act, which requires that the terms of the agreement do not disadvantage employees relative to their previous conditions of employment.

The central legal issue before the Commission was whether the terms of the agreement disadvantaged employees in comparison to their previous conditions. This involved examining whether any changes to the employees' conditions of employment resulted in a decrease in their overall terms and conditions, including pay and benefits. The unions argued that the agreement did not disadvantage employees, while the company contended that certain provisions did result in a deterioration of employees' conditions. The Commission needed to determine if the agreement complied with the statutory requirements for direct registration.

The Commission held that the agreement did not disadvantage employees and thus met the criteria for direct registration. The Commission found that the changes to the employees' conditions did not result in a decrease in their overall terms and conditions. The agreement included provisions for pay increases, improved leave entitlements, and other benefits that, when considered in their entirety, did not result in a net negative impact on employees. The Commission also noted that the agreement included mechanisms for resolving disputes and ensuring compliance with occupational health and safety standards, which further supported its conclusion that the agreement did not disadvantage employees.

In light of the findings, the Fair Work Commission approved the CAS Mine Services NSW South Western Enterprise Agreement 2019. The decision confirmed the agreement as a legally binding contract between the parties and allowed it to be registered directly, without the need for a ballot of the employees. The approval of the agreement marked the resolution of the dispute between the parties regarding its terms and conditions.

CAS Mine Services 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