DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mines Rescue Pty Limited T/A Coal Mines Technical Services
(AG2016/4213)

MINES RESCUE PTY LIMITED (T/A COAL MINES TECHNICAL SERVICES) ENTERPRISE AGREEMENT 2016

Coal industry
DEPUTY PRESIDENT DEAN	SYDNEY, 18 AUGUST 2016

Application for approval of the Mines Rescue Pty Limited (T/A Coal Mines Technical Services) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mines Rescue Pty Limited (T/A Coal Mines Technical Services) Enterprise Agreement 2016 (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 T/A Coal Mines Technical Services. The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] The Association of Professional Engineers, Scientists and Managers, Australia and the Construction, Forestry, Mining and Energy Union (Mining & Energy Division) South Western District Branch, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[4] The Agreement was approved on 18 August 2016 and, in accordance with s.54, will operate from 25 August 2016. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Mines Rescue Pty Limited, trading as Coal Mines Technical Services, applied for the approval of the Mines Rescue Pty Limited (T/A Coal Mines Technical Services) Enterprise Agreement 2016. The applicants sought to have the agreement approved as a single-enterprise agreement, given the company’s status as a small business. The application arose following the negotiation of the agreement between the company and its employees.

The primary legal issues before the Commission involved the interpretation of relevant provisions within the Fair Work Act 2009, specifically those concerning the approval of enterprise agreements for small businesses. The Commission needed to determine whether the agreement met the criteria for approval, including whether it provided for the minimum entitlements under the National Employment Standards and the modern awards applicable to the employees. Additionally, the Commission had to assess whether the agreement was genuinely negotiated and not merely imposed by the employer.

The Commission deliberated on the evidence presented regarding the negotiation process and the terms of the agreement. It considered the company's status as a small business and the specific challenges faced by such entities in negotiating with employees. After evaluating the application against the statutory requirements, the Commission found that the agreement satisfied the necessary criteria for approval. The terms were deemed to provide for minimum entitlements and were found to be the product of genuine negotiation, considering the unique circumstances of the small business.

Consequently, the Commission approved the Mines Rescue Pty Limited (T/A Coal Mines Technical Services) Enterprise Agreement 2016, acknowledging its suitability for the specific context of a small business within the mining industry. The approval ensures that the agreement will govern the employment conditions of the employees in accordance with the provisions set out within the Fair Work Act 2009.

Mines Rescue Pty Limited T/A Coal Mines Technical Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established