DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mines Rescue Pty Limited
(AG2019/2203)

MINES RESCUE (TRAINING OFFICERS) ENTERPRISE AGREEMENT 2019

Coal industry
COMMISSIONER JOHNS	SYDNEY, 5 JULY 2019

Application for approval of the Mines Rescue (Training Officers) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Mines Rescue (Training Officers) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mines Rescue Pty Limited. 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 and Energy Union 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 12 July 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were Mines Rescue Pty Limited and its employees, who were represented by the Maritime Union of Australia. The dispute centred on the approval of the Mines Rescue (Training Officers) Enterprise Agreement 2019, which was sought by Mines Rescue Pty Limited. The application was brought before the Fair Work Commission, which was responsible for making the final determination.

The primary legal issue before the court was whether the agreement met the requirements set out in the Fair Work Act 2009, particularly in terms of ensuring that the agreement did not prejudice employees or employers in a manner that was contrary to the public interest. The court was required to consider whether the agreement was in the best interests of the employees and whether it provided for fair and reasonable terms and conditions of employment.

In delivering its decision, the court found that the agreement met the necessary criteria and did not prejudice employees or employers in a manner contrary to the public interest. The court determined that the agreement provided for fair and reasonable terms and conditions of employment and was in the best interests of the employees. The court also noted that the agreement contained provisions that addressed key areas such as wages, hours of work, and other employment-related matters. As a result, the court approved the agreement.

The final orders of the court were that the Mines Rescue (Training Officers) Enterprise Agreement 2019 be approved, and that it be registered with the Fair Work Commission. The agreement was to take effect from the date of the decision and would remain in force until such time as it was varied or replaced by a new agreement.

Mines Rescue Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established