DECISION

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

JR Mining Services Group
(AG2018/6130)

JR MINING SERVICES GROUP ENTERPRISE AGREEMENT 2018

Coal industry
COMMISSIONER RIORDAN	SYDNEY, 12 MARCH 2019

Application for approval of the JR Mining Services Group Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the JR Mining Services Group Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by JR Mining Services Group. 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] The Construction, Forestry, Maritime, Mining & Energy Union (Mining & Energy Division) South Western District, 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 March 2019. The nominal expiry date of the Agreement is 12 March 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, JR Mining Services Group sought approval for their Enterprise Agreement 2018, which aimed to establish terms and conditions of employment for their workers. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009, including provisions on minimum rates of pay, leave entitlements, and procedural fairness in the bargaining process. The Commission was tasked with determining if the agreement met the legislative standards and if it was made in good faith.

The legal issues the court needed to address were whether the agreement provided for minimum rates of pay and conditions that met or exceeded the national minimum standards, if it was free from prohibited content, and whether the bargaining process was conducted in good faith. Additionally, the court examined if the agreement allowed for proper consultation and if the agreement's provisions were clear and not misleading.

The Fair Work Commission found that the JR Mining Services Group Enterprise Agreement 2018 was largely compliant with the Fair Work Act 2009. The agreement provided for minimum rates of pay and conditions that met or exceeded national standards, and it was free from any content that would render it invalid. The Commission also determined that the agreement was made in good faith, with adequate consultation and negotiation processes observed. Consequently, the Commission approved the agreement subject to minor modifications to ensure clarity and compliance with specific legislative provisions.

The Fair Work Commission approved the JR Mining Services Group Enterprise Agreement 2018, with conditions that the agreement be amended to address minor issues regarding clarity and compliance with certain legislative requirements. The modifications were intended to ensure that the agreement fully met all legal standards and provided a fair framework for the terms and conditions of employment for the workers.

JR Mining Services Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established