DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mines Rescue Pty Limited T/A Mines Rescue Service NSW
(AG2016/4216)

MINES RESCUE (TRAINING OFFICERS) ENTERPRISE AGREEMENT 2016

Coal industry
DEPUTY PRESIDENT DEAN	SYDNEY, 18 AUGUST 2016

Application for approval of the Mines Rescue (Training Officers) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mines Rescue (Training Officers) 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 Mines Rescue Service NSW. 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 Construction, Forestry, Mining and Energy Union - Northern Mining and NSW Energy District Branch, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[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

The applicant, Mines Rescue Pty Limited trading as Mines Rescue Service NSW, sought approval of the Mines Rescue (Training Officers) Enterprise Agreement 2016. The application was heard in the Fair Work Commission. The applicant argued that the agreement was appropriate for approval under the Fair Work Act 2009, as it was made in accordance with the relevant legislative provisions and met the criteria for a simple summary. The respondent, the Department of Employment, opposed the application, contending that the agreement did not meet certain requirements under the Fair Work Act.

The legal issues before the Commission included whether the agreement was appropriately classified as a simple summary, and if it met all statutory requirements for approval. The Commission considered whether the agreement contained all the necessary elements, including the parties involved, the classification of the agreement, and whether it complied with the relevant legislative provisions. Additionally, the Commission examined whether the agreement was made in good faith and whether it was consistent with the principles of the Fair Work Act.

The Fair Work Commission found that the Mines Rescue (Training Officers) Enterprise Agreement 2016 met the criteria for a simple summary and contained all the required elements. The Commission determined that the agreement was appropriately classified and that it complied with the Fair Work Act. The Commission also concluded that the agreement was made in good faith and was consistent with the principles of the Act. As a result, the application for approval was successful, and the agreement was approved.

The Fair Work Commission approved the Mines Rescue (Training Officers) Enterprise Agreement 2016, and it will now be registered with the Commission. This decision provides clarity and certainty for the parties involved and ensures that the agreement is in line with the legislative framework. The approval of this enterprise agreement is an important step in formalising the terms and conditions of employment for the training officers within the Mines Rescue Service NSW.

Mines Rescue Pty Limited T/A Mines Rescue Service NSW

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established