DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NQ Mining Services Pty Ltd
(AG2020/1212)

NQ MINING SERVICES PTY LTD ENTERPRISE AGREEMENT 2020-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 21 MAY 2020

Application for approval of the NQ Mining Services Pty Ltd Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the NQ Mining Services Pty Ltd Enterprise Agreement 2020-2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 28 May 2020. The nominal expiry date of the Agreement is 20 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

NQ Mining Services Pty Ltd, represented by its general manager, applied to the Fair Work Commission for approval of an enterprise agreement. The agreement was between the company and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on the terms and conditions of employment outlined in the proposed agreement, which spanned from 2020 to 2024. The legal issues the court was required to decide centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and if it met the "better off overall test". This test ensures that employees are not worse off financially under the proposed agreement compared to their previous conditions.

The court examined the proposed changes to the employees' hours of work, pay rates, and entitlements. The company argued that the changes would improve operational efficiency and benefit the employees by providing greater job security and enhanced work conditions. The union contended that some of the proposed changes would result in a detrimental impact on the employees' take-home pay and overall conditions. The court had to weigh the arguments from both parties and determine if the agreement provided genuine benefits to the employees that outweighed any potential detriments. After careful consideration of the evidence and submissions, the court found that the proposed agreement complied with the requirements of the Fair Work Act and passed the better off overall test. The court was satisfied that the agreement provided genuine benefits to the employees in terms of job security and improved work conditions, which outweighed any potential detriments. Consequently, the court approved the NQ Mining Services Pty Ltd Enterprise Agreement 2020-2024. The final orders included the approval of the agreement, which would now be binding on both the company and its employees for the specified period.

NQ Mining Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established