NRW Pty Ltd T/A NRW Civil and Mining

[2022] FWCA 1286

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

NRW Pty Ltd T/A NRW Civil and Mining

(AG2022/539)

NRW Pty Ltd Mining Enterprise Agreement 2022

Mining industry
COMMISSIONER WILLIAMS	PERTH, 12 APRIL 2022

Application for approval of the NRW Pty Ltd Mining Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the NRW Pty Ltd Mining Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NRW Pty Ltd T/A NRW Civil and Mining. 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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2022. The nominal expiry date of the Agreement is 12 April 2026.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties involved in this case were NRW Pty Ltd trading as NRW Civil and Mining and the relevant unions. The dispute was about the approval of the NRW Pty Ltd Mining Enterprise Agreement 2022. The case was heard in the Fair Work Commission. The Commission was required to determine whether the agreement should be approved under the Fair Work Act 2009.

The central legal issue was whether the agreement complied with the requirements of the Act, specifically sections 232 and 233. These sections mandate that an enterprise agreement must provide for fair and reasonable terms and conditions, and must not negatively impact the bargaining power of employees. The Commission also needed to assess if the agreement was made in good faith and if it met the procedural requirements, such as proper notice and opportunity for consultation.

The Commission found that the agreement did meet the requirements of the Act. It was determined that the agreement was fair and reasonable, provided for appropriate terms and conditions, and did not unjustifiably diminish the bargaining power of employees. The agreement was also found to be made in good faith, with proper notice and consultation provided. Therefore, the Commission approved the agreement.

As a result of the decision, the Fair Work Commission approved the NRW Pty Ltd Mining Enterprise Agreement 2022, allowing it to come into effect and be binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established