RIX’S CREEK MINE ENTERPRISE AGREMENT 2014

[2014] FWCA 6229

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rix’s Creek Pty Limited
(AG2014/8878)

RIX’S CREEK MINE ENTERPRISE AGREMENT 2014

Coal industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 9 SEPTEMBER 2014

Application for approval of the Rix’s Creek Mine Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Rix’s Creek Mine Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

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

[3] The Construction, Forestry, Mining & Energy Union, being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 16 September 2014. The nominal expiry date of the Agreement is 31 March 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, the Fair Work Commission received an application for the approval of the Rix’s Creek Mine Enterprise Agreement 2014. The dispute involved the negotiation and terms of the enterprise agreement between the employer and the employees of the Rix’s Creek Mine. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Act.

The legal issues before the Commission were whether the agreement was genuinely negotiated and whether it contained terms that were not contrary to public policy or unfair. Additionally, the Commission had to consider whether the agreement provided for the proper process for resolving disputes and if it met the requirements for being a single, indivisible agreement.

The Commission found that the agreement had been genuinely negotiated and contained terms that were not contrary to public policy or unfair. The agreement was deemed to be a single, indivisible document and provided for a proper process for resolving disputes. The Commission approved the agreement, recognising it as a suitable enterprise agreement for the employees of the Rix’s Creek Mine.

The Agreement was approved by the Fair Work Commission and is to operate from 16 September 2014. The nominal expiry date of the Agreement is 31 March 2016.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established