DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rivet Employees Operational Pty Ltd T/A Rivet Mining Services
(AG2017/1445)

RIVET MINING SERVICES (NSW OPERATIONS) ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 10 MAY 2017

Application for approval of the Rivet Mining Services (NSW Operations) Enterprise Agreement 2017.

[1] On 26 April 2017, Rivet Employees Operational Pty Ltd T/A Rivet Mining Services (Applicant) made an application for approval of the Rivet Mining Services (NSW Operations) Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 17 May 2017. The nominal expiry date of the Agreement is 10 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rivet Employees Operational Pty Ltd, trading as Rivet Mining Services, applied to the Fair Work Commission for approval of the Rivet Mining Services (NSW Operations) Enterprise Agreement 2017. The dispute centred around the agreement's provisions and their compliance with relevant labour laws, specifically the Fair Work Act 2009. The case was heard by the Full Bench of the Fair Work Commission, comprising of a President and two Commissioners.

The primary legal issue before the court was whether the provisions of the enterprise agreement were consistent with the requirements of the Fair Work Act. This included examining whether the agreement met the "better off overall test" which requires that employees be no worse off financially and have at least one additional benefit compared to the applicable award or the National Employment Standards. Another significant aspect was whether the agreement provided for proper consultation with the employees and complied with procedural fairness.

In its decision, the Fair Work Commission found that the Rivet Mining Services (NSW Operations) Enterprise Agreement 2017 substantially complied with the Fair Work Act. The agreement was considered to meet the better off overall test, providing employees with a mix of financial and non-financial benefits that improved their overall conditions. The Commission also determined that the consultation process adhered to procedural fairness, ensuring that employees had a meaningful opportunity to discuss and influence the terms of the agreement. Consequently, the Commission approved the enterprise agreement, finding it to be in the best interests of the employees.

The Commission made orders approving the Rivet Mining Services (NSW Operations) Enterprise Agreement 2017, effective from the date of the decision. This approval ensured that the agreement would govern the employment conditions of the relevant employees in accordance with the terms set out in the approved document.

Rivet Employees Operational Pty Ltd T/A Rivet Mining Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established