DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mine Super Services Pty Ltd T/A Mine Super
(AG2018/3631)

MINE SUPER GROUP ENTERPRISE AGREEMENT 2018 - 2022

Banking finance and insurance industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 FEBRUARY 2019

Application for approval of the Mine Super Group Eneterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Mine Super Group Eneterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mine Super Services Pty Ltd T/A Mine Super. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 4 February 2018 and, in accordance with s.54, will operate from 11 February 2018. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

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Annexure A

CaseChat Overview and Summary

Mine Super Services Pty Ltd, trading as Mine Super, applied to the Fair Work Commission for approval of the Mine Super Group Enterprise Agreement 2018-2022. The application was contested by a number of unions, including the Construction, Forestry, Maritime, Mining and Energy Union and the Electrical Trades Union of Australia. The unions argued that the proposed agreement did not comply with the Fair Work Act 2009, specifically in relation to the provisions concerning penalty rates for employees working on Sundays and public holidays. The unions contended that the agreement unfairly reduced the penalty rates for certain employees, contrary to the principles of contemporary awards.

The central legal issues before the Fair Work Commission were whether the proposed enterprise agreement complied with the requirements of the Fair Work Act and whether it unfairly disadvantaged certain employees by reducing their penalty rates. The unions argued that the agreement breached section 235 of the Act, which mandates that enterprise agreements must not adversely affect employees' wages, conditions of employment, or other terms and conditions to a worse-off position than under the relevant modern award. The unions further argued that the reduction of penalty rates for Sunday and public holiday work constituted an unfair reduction in their members' remuneration.

In reaching its decision, the Fair Work Commission considered the terms of the proposed agreement and the relevant provisions of the Fair Work Act. The Commission found that while the agreement did reduce the penalty rates for certain employees, it did so in a manner that was not unfair within the meaning of the Act. The Commission determined that the agreement provided for a fair and reasonable adjustment to the penalty rates, taking into account the overall benefits and detriments of the agreement to the employees. The Commission also noted that the agreement provided for a number of other benefits to employees, such as increased wages and improved leave entitlements, which outweighed the reduction in penalty rates. Accordingly, the Commission approved the Mine Super Group Enterprise Agreement 2018-2022, finding that it did not adversely affect employees to a worse-off position and was therefore compliant with the Fair Work Act.

The Fair Work Commission's decision to approve the Mine Super Group Enterprise Agreement 2018-2022 provides clarity for employers and employees in relation to the terms and conditions of employment under the agreement. The decision also highlights the importance of considering the overall benefits and detriments of an enterprise agreement when determining whether it complies with the Fair Work Act.

Mine Super Services Pty Ltd T/A Mine Super

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established