Pilbara Iron Company (Services) Pty Limited

[2024] FWCA 856

[2024] FWCA 856

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Pilbara Iron Company (Services) Pty Limited

(AG2024/464)

RIO TINTO IRON ORE - PILBARA RAIL NETWORK - AGREEMENT

Mining industry
COMMISSIONER PLATT	ADELAIDE, 7 MARCH 2024

Application for approval of the Rio Tinto Iron Ore - Pilbara Rail Network - Agreement

1. An application has been made for approval of an enterprise agreement known as the Rio Tinto Iron Ore - Pilbara Rail Network - Agreement (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Pilbara Iron Company (Services) Pty Limited (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 1 March 2024.

1. There are three National Employment Standard (NES) issues that require comment:

·  Clause 4.5 of the Agreement provides an abandonment clause that does not specifically provide that employees deemed to have abandoned their employment will be afforded their minimum notice of termination entitlement as per s.117(3) of the Act.

·  Clause 7.5 of the Agreement provides for compassionate leave, however it is silent in relation to the entitlement to when the employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. This appears to be inconsistent with s.104(1)(c) of the Act.

·  Clause 7.4 of the Agreement states employees must be confined to hospital for 5 days or place of residence while on annual leave before it can be re-credited as sick leave. This appears to be inconsistent with the NES, as the Act does not impose this restriction.

1. Clause 15 of the Agreement acts as an effective NES precedence clause. As a result, the above clauses will not apply to the extent they are inconsistent with the NES.

1. The 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) of the Act I note that the Agreement covers this organisation.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 13 March 2028.

COMMISSIONER

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