FES Mining Services Pty Ltd

[2021] FWCA 6799

FAIR WORK COMMISSION

DECISION

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

FES Mining Services Pty Ltd
(AG2021/8074)

FES MINING SERVICES ENTERPRISE AGREEMENT 2021

Mining industry
DEPUTY PRESIDENT CROSS	SYDNEY, 22 NOVEMBER 2021

Application for approval of the FES Mining Services Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the FES Mining Services Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by FES Mining 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 as are relevant to this application for approval have been met.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 22 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the court was brought by FES Mining Services Pty Ltd, seeking approval for the FES Mining Services Enterprise Agreement 2021. The dispute arose from disagreements between the company and its employees regarding the terms and conditions of employment as outlined in the proposed agreement. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal. The primary legal issues the court had to address were whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment, and whether it had been genuinely agreed upon by the parties.

The court considered various factors, including the process through which the agreement was negotiated, the nature of the terms contained within it, and the extent to which the agreement provided for fair and reasonable terms of employment. The court examined the evidence presented regarding the negotiation process and determined that the agreement had been genuinely negotiated and was not imposed by the employer. The court also found that the terms of the agreement were fair and reasonable, taking into account the industry context and the interests of both the employer and employees. The court held that the proposed agreement met the statutory requirements for approval.

In light of the findings, the court approved the FES Mining Services Enterprise Agreement 2021. The agreement now legally binds both the employer and the employees, setting out the terms and conditions of their employment for the period specified in the agreement. This decision ensures that the parties have a clear and legally enforceable framework for their industrial relations moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established