Mines Rescue Pty Limited T/A Mines Rescue Service NSW Summary

[2014] FWCA 5205

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mines Rescue Pty Limited T/A Mines Rescue Service NSW
(AG2014/6668)

MINES RESCUE PTY LIMITED (T/A COAL MINES TECHNICAL SERVICES) ENTERPRISE AGREEMENT 2013

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 1 AUGUST 2014

Application for approval of the Mines Rescue Pty Limited (T/A Coal Mines Technical Services) Enterprise Agreement 2013.

[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 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] Pursuant to s.185(3)(b), I extend the time allowed for filing documents in relation to this application to 25 July 2014.

[3] An undertaking concerning clause 23 (Dispute resolution) has been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[4] Clause 29 of the Agreement (Consultation) does not meet the requirements of ss.205(1) and 205(1A) of the Act. Pursuant to s.205(2), the model consultation term is taken to be a term of the Agreement. A copy of the model term is attached at Annexure B.

[5] 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.

[6] The Construction, Forestry, 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. As required by s.201(2), I note that the Agreement covers the organisation.

[7] The Agreement is approved. In accordance with s.54(1) it will operate from 8 August 2014. The nominal expiry date of the Agreement is 30 June 2016.

SENIOR DEPUTY PRESIDENT

Annexure A

Annexure B

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Mines Rescue Pty Limited, trading as Coal Mines Technical Services, and its employees. The company sought approval for its 2013 Enterprise Agreement under the Fair Work Act 2009. The Fair Work Commission heard the application and was required to decide whether the agreement met the requirements for registration and approval.

The central legal issue before the Commission was whether the Enterprise Agreement adhered to the provisions of the Fair Work Act, including whether it provided for fair and reasonable terms and conditions of employment. Specifically, the Commission needed to assess if the agreement was genuinely negotiated and if it provided for terms and conditions that were no less favourable than the relevant national employment standards. The Commission also had to determine if the agreement satisfied the "better off overall test," ensuring that employees were not worse off under the agreement than they would be under the applicable award.

The Commission found that the Enterprise Agreement was genuinely negotiated and contained terms and conditions that were no less favourable than the national employment standards. It also concluded that the agreement met the better off overall test. Consequently, the Commission approved the agreement, finding it to be fair and reasonable for the purposes of the Act. The Commission's decision was based on the evidence presented, which demonstrated that the agreement was the result of genuine negotiations and provided for fair terms and conditions of employment.

The Fair Work Commission approved the Mines Rescue Pty Limited (T/A Coal Mines Technical Services) Enterprise Agreement 2013. The Commission found that the agreement was genuinely negotiated and contained terms and conditions that met the requirements of the Fair Work Act, including providing for no less favourable terms and conditions than the relevant national employment standards and satisfying the better off overall test.

Mines Rescue Pty Limited T/A Mines Rescue Service NSW

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established