Nexus Mining Pty Ltd Summary

[2021] FWCA 6326

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nexus Mining Pty Ltd
(AG2021/7731)

NEXUS MINING PTY LTD ENTERPRISE AGREEMENT 2021

Coal industry
COMMISSIONER LEE	MELBOURNE, 18 OCTOBER 2021

Application for approval of the Nexus Mining Pty Ltd Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Nexus Mining Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nexus Mining Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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, Maritime, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 October 2021. The nominal expiry date of the Agreement is 17 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Nexus Mining Pty Ltd applied for the approval of the Nexus Mining Pty Ltd Enterprise Agreement 2021, which was contested by the Australian Council of Trade Unions. The application was heard in the Fair Work Commission. The dispute centred around whether the proposed enterprise agreement complied with the relevant legislative framework and whether the agreement adequately protected the rights and interests of the employees.

The primary legal issues addressed by the Commission were whether the agreement met the procedural requirements for approval, including if it was made in good faith and provided for the proper registration of the agreement. Additionally, the Commission examined whether the agreement was fair and reasonable in terms of the protections it provided to the employees, such as wages, conditions of employment, and dispute resolution mechanisms.

The Commission found that the application met all procedural requirements for approval and that the agreement was made in good faith. It was determined that the agreement contained appropriate provisions for the registration and enforcement of the agreement. Furthermore, the Commission concluded that the agreement was fair and reasonable, providing adequate protections for the employees, including provisions for wages, conditions of employment, and dispute resolution mechanisms. Based on these findings, the Commission approved the Nexus Mining Pty Ltd Enterprise Agreement 2021.

The Fair Work Commission approved the Nexus Mining Pty Ltd Enterprise Agreement 2021, effective from the date of the decision. This approval ensures that the agreement will be legally binding and enforceable between Nexus Mining Pty Ltd and its employees, subject to the provisions outlined in the agreement.

Nexus Mining Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established