Rivet Mining Services Pty Ltd

[2021] FWCA 6832

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rivet Mining Services Pty Ltd
(AG2021/8398)

RIVET MINING SERVICES WORKSHOP EMPLOYEES (PILBARA) ENTERPRISE AGREEMENT 2021

Mining industry
DEPUTY PRESIDENT DEAN	CANBERRA, 25 NOVEMBER 2021

Application for approval of the Rivet Mining Services Workshop Employees (Pilbara) Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Rivet Mining Services Workshop Employees (Pilbara) 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 Rivet Mining Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2021. The nominal expiry date of the Agreement is 24 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Rivet Mining Services Pty Ltd, applied to the Fair Work Commission for the approval of an enterprise agreement that had been negotiated with the employees of its Pilbara workshop. The respondents, who were the employees, did not oppose the application but raised concerns about certain clauses within the agreement. The matter was heard in the Fair Work Commission, the tribunal responsible for regulating enterprise agreements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory requirements of the Fair Work Act. This involved assessing whether the agreement met the preconditions for approval, such as being in writing, addressing certain protected actions, and not containing any terms that were contrary to public policy or otherwise unenforceable. Additionally, the Commission needed to determine whether the agreement had been genuinely negotiated and if the process of negotiation was fair.

The Commission examined the agreement clause by clause, taking into account the submissions from both parties. It found that the majority of the agreement was consistent with the requirements of the Act. The Commission noted that the negotiation process appeared to be fair and that the agreement addressed the necessary protected actions. However, certain clauses were modified to ensure they complied with statutory standards and did not contravene public policy. After making these adjustments, the Commission determined that the agreement was capable of being approved and met the necessary legal criteria.

The Fair Work Commission approved the Rivet Mining Services Workshop Employees (Pilbara) Enterprise Agreement 2021, subject to the modifications made during the hearing. These modifications ensured that the agreement complied with the statutory requirements and did not contain any unenforceable terms. The Commission's decision was based on a thorough analysis of the agreement's clauses and the fairness of the negotiation process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established