Mines Rescue Pty. Limited T/A Coal Services Pty. Limited

[2025] FWCA 448

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Mines Rescue Pty. Limited T/A Coal Services Pty. Limited

(AG2024/5255)

MINES RESCUE (TRAINING OFFICERS) ENTERPRISE AGREEMENT 2024

Mining industry
DEPUTY PRESIDENT CROSS	SYDNEY, 5 FEBRUARY 2025

Application for approval of the Mines Rescue (Training Officers) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Mines Rescue (Training Officers) Enterprise Agreement 2024 (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 Services Pty. Limited. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

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.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Black Coal Mining Industry Award 2020 is taken to be a term of the Agreement.

The 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2025. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Mines Rescue Pty. Limited, trading as Coal Services Pty. Limited, applied for approval of the Mines Rescue (Training Officers) Enterprise Agreement 2024. The dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to the terms and conditions of employment for training officers. The application was brought before the Commission as the parties could not reach an agreement independently.

The legal issues before the Commission included whether the proposed agreement met the requirements for a registered agreement under the Act, including provisions concerning minimum rates of pay, maximum weekly hours, and other standard terms and conditions. Furthermore, the Commission had to determine if the agreement was made in good faith and if it provided for the proper regulation of workplace relations. The Commission also examined whether the agreement addressed the interests of the employees fairly and appropriately.

The Commission found that the agreement satisfied the necessary criteria for approval. The agreement provided for adequate minimum rates of pay and set reasonable maximum weekly hours. It also included provisions that ensured the proper regulation of workplace relations. The Commission concluded that the agreement was made in good faith and that it appropriately addressed the interests of the employees. Consequently, the application was approved, and the agreement was registered.

The final orders of the Commission were that the Mines Rescue (Training Officers) Enterprise Agreement 2024 be approved and registered under the Fair Work Act 2009. This decision provided certainty and clarity for both the employer and the employees regarding their rights and obligations moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established