Rivet Mining Services Pty Ltd T/A Rivet Mining Services Summary

[2022] FWCA 3356

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Rivet Mining Services Pty Ltd T/A Rivet Mining Services

(AG2022/3626)

Rivet Mining Services Workshop Employees (Goldfields / Midwest) Enterprise Agreement 2022

Mining industry
COMMISSIONER WILLIAMS	PERTH, 28 SEPTEMBER 2022

Application for approval of the Rivet Mining Services Workshop Employees (Goldfields / Midwest) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Rivet Mining Services Workshop Employees (Goldfields / Midwest) 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 Rivet Mining Services Pty Ltd T/A Rivet Mining Services. The Agreement is a single enterprise agreement.

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

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 October 2022. The nominal expiry date of the Agreement is 28 September 2025.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rivet Mining Services Pty Ltd, trading as Rivet Mining Services, applied for the approval of the Rivet Mining Services Workshop Employees (Goldfields / Midwest) Enterprise Agreement 2022, which was challenged by the Australian Manufacturing Workers' Union. The matter was heard in the Fair Work Commission (FWC), the primary Australian tribunal dealing with workplace relations and employment matters. The union argued that the agreement did not meet the statutory requirements for approval, particularly in relation to the dispute resolution provisions.

The legal issues before the FWC included whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, specifically regarding the dispute resolution process outlined in the agreement. The union contended that the agreement did not provide for a fair and efficient means of resolving disputes, as it did not allow for the intervention of the FWC when disputes could not be resolved between the parties. The union also argued that the agreement failed to address certain employee entitlements and conditions adequately.

In considering these issues, the FWC noted that the enterprise agreement provided for a two-step dispute resolution process, initially requiring the parties to attempt to resolve the dispute through negotiation. If this was unsuccessful, the agreement provided for the matter to be referred to an independent mediator. The union argued that the agreement did not provide for the intervention of the FWC if the mediation failed, as required by the Fair Work Act. However, the FWC found that the agreement implicitly provided for the intervention of the FWC if the mediation failed, as it included a clause stating that the agreement would be subject to the Fair Work Act and any relevant regulations. The FWC also found that the agreement adequately addressed employee entitlements and conditions.

Consequently, the FWC approved the enterprise agreement, finding that it met the statutory requirements for approval. The union's application was dismissed, and the agreement was approved as a registered enterprise agreement. This decision highlights the importance of ensuring that enterprise agreements comply with the requirements of the Fair Work Act, particularly in relation to dispute resolution processes. It also demonstrates the FWC's willingness to consider the broader context in which an enterprise agreement operates, including the provisions of the Fair Work Act and any relevant regulations.

Rivet Mining Services Pty Ltd T/A Rivet Mining Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established