DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mines Rescue Pty Limited T/A Coal Mines Technical Services
(AG2017/5579)

MINES RESCUE PTY LIMITED (T/A COAL MINES TECHNICAL SERVICES) ENTERPRISE AGREEMENT 2017

Coal industry
COMMISSIONER MCKINNON	MELBOURNE, 16 APRIL 2018

Application for approval of the Mines Rescue Pty Limited (T/A Coal Mines Technical Services) Enterprise Agreement 2017.

[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 2017 (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] The Applicant 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, 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 Construction, Forestry, Mining and Energy Union and The Association of Professional Engineers, Scientists and Managers, Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 April 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Mines Rescue Pty Limited trading as Coal Mines Technical Services, sought approval of their 2017 Enterprise Agreement from the Fair Work Commission. The dispute arose from the negotiation process of the agreement, which involved the Fair Work Commission's intervention. The legal issues before the court were whether the agreement met the requirements of the Fair Work Act 2009 and if it was made in good faith and without coercion.

The court examined the procedural fairness of the agreement's negotiation process and whether it was made genuinely for the purpose of resolving genuine issues. It also considered if the agreement met the minimum standards set by the Act and if it provided for the terms and conditions of employment in a fair and reasonable manner. The court held that the agreement was made in good faith and without coercion, and it complied with the minimum standards set by the Act. The court also found that the negotiation process was procedurally fair and that the agreement provided for the terms and conditions of employment in a fair and reasonable manner.

As a result, the court approved the Mines Rescue Pty Limited (T/A Coal Mines Technical Services) Enterprise Agreement 2017. The agreement was registered with the Fair Work Commission, and it became legally binding on the parties. The decision provides clarity on the requirements for approving enterprise agreements and the role of the Fair Work Commission in the negotiation process.

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