J R Engineering Assistance Pty Ltd, J R Conveyors Pty Ltd and J R Strata Solutions Pty Ltd

[2022] FWCA 4500

[2022] FWCA 4500

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

J R Engineering Assistance Pty Ltd, J R Conveyors Pty Ltd and J R Strata Solutions Pty Ltd

(AG2022/5182)

JR Mining Services Group Enterprise Agreement 2022

Mining industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 23 DECEMBER 2022

Application for approval of the JR Mining Services Group Enterprise Agreement 2022

1. An application has been made for the approval of an enterprise agreement known as the JR Mining Services Group Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

1. It is observed that at clause 2.1 of the Agreement, the Agreement extended coverage to the following employers:

(a)   J R Engineering Assistance Pty Ltd;

(b)   J R Conveyors Pty Ltd; and

(c)   J R Strata Solutions Pty Ltd (collectively the Employers). 

1. Whilst the application was initially made by JR Mining Services Group, it was confirmed with the Employers that JR Mining Services Group is not a legal entity. In such circumstances, an amendment to the name of the applicants was permitted under s 586 of the Act.

1. It is of course accepted that multiple employers may be party to a single enterprise agreement when two or more are single interest employers.[1]  Single interest employers include employers engaged in a ‘common enterprise’ or the employers are related bodies corporate.[2] The Employers submitted that they are run by the same sole director and shareholder, and operate closely connected operations. I am satisfied, based on the material filed, that the employers listed at clause 2.1 of the Agreement are related bodies corporate for the purpose of s 172(5) of the Act or in the alternative, are engaged in a common enterprise.

2. On the basis of the material contained in the application and accompanying declarations, 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.

1. The Construction, Forestry, Maritime, Mining and Energy Union (the organisation), 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 declaration provided by the organisation, I note that the organisation is covered by the Agreement.

1. The Agreement was approved on 23 December 2022 and, in accordance with s 54, will operate from 30 December 2022.  The nominal expiry date of the Agreement is 23 December 2025.

DEPUTY PRESIDENT

[1] Fair Work Act 2009 (Cth) s 172(5).

[2] Ibid.

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