Dartbrook Services Pty Ltd

[2024] FWCA 2808

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dartbrook Services Pty Ltd

(AG2024/2698)

DARTBROOK UNDERGROUND MINE GREENFIELDS ENTERPRISE AGREEMENT 2024

Mining industry
COMMISSIONER MATHESON	SYDNEY, 31 JULY 2024

Application for approval of the Dartbrook Underground Mine Greenfields Enterprise Agreement 2024

An application has been made for approval of a greenfields agreement known as the Dartbrook Underground Mine Greenfields Enterprise Agreement 2024 (Agreement). The application was made by Dartbrook Services Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act).

This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

In accordance with s.187(5) of the Act, I am satisfied that the Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to the work that is to be performed under it, and that it is in the public interest to approve the Agreement.

I observe that clause 18.6 of the Agreement may be inconsistent with s.104(1)(c) of the National Employment Standards (NES). However, noting clause 3(d) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Pursuant to s.205A of the Act, the delegates’ rights term prescribed by the Black Coal Mining Industry Award 2020 is taken to be a term of the Agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to the application for approval of the Agreement have been met.

Pursuant to s.53(2)(b) of the Act, I note that the Agreement was made with the Mining and Energy Union, and that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2024. The nominal expiry date of the Agreement is 31 July 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dartbrook Services Pty Ltd applied to the Fair Work Commission for approval of the Dartbrook Underground Mine Greenfields Enterprise Agreement 2024. The applicants sought to implement a new enterprise agreement that would replace the existing one and regulate the terms and conditions of employment for the employees covered by the agreement. The application was opposed by the Retail and Fast Food Workers Union of Australia, which argued that the proposed agreement did not provide adequate protections for employees and would result in a deterioration of their conditions of employment.

The central legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was free from any coercive or unfair conduct. The Commission also had to consider the views and interests of the employees, as well as any relevant public interest considerations.

After considering the evidence and submissions from both parties, the Commission found that the proposed agreement met the statutory requirements for approval. The Commission noted that the agreement provided for a number of improvements to the employees' conditions of employment, including increased wages and better access to training and development opportunities. The Commission also found that the agreement was free from any coercive or unfair conduct, and that it was in the best interests of the employees.

The Commission approved the Dartbrook Underground Mine Greenfields Enterprise Agreement 2024, subject to certain modifications to address some of the concerns raised by the union. The modifications related to provisions on shift patterns, overtime, and the use of casual employees. The Commission considered that these modifications were necessary to ensure that the agreement provided fair and reasonable terms and conditions of employment for the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established