DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rix’s Creek Pty Ltd
(AG2021/5469)

RIX’S CREEK MINE ENTERPRISE AGREEMENT

Mining industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 16 JUNE 2021

Application for approval of the Rix’s Creek Mine Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Rix’s Creek Mine Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

[3] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 23 June 2021. The nominal expiry date of the Agreement is 31 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Rix’s Creek Pty Ltd, the Fair Work Commission was tasked with considering an application for the approval of the Rix’s Creek Mine Enterprise Agreement 2021. The dispute arose between Rix’s Creek Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), the trade union representing the employees. The union sought to have the agreement approved under section 234 of the Fair Work Act 2009, while the employer opposed the application on various grounds.

The legal issues that the Commission had to address included whether the agreement met the statutory requirements for direct employee representation, whether it was genuinely negotiated between the parties, and whether the agreement provided for fair and reasonable terms and conditions of employment. The employer argued that the agreement did not adequately represent the employees and was not the product of genuine bargaining. The union, on the other hand, contended that the agreement was the result of good faith negotiations and adequately represented the interests of the workforce.

In reaching its decision, the Commission examined the evidence and submissions provided by both parties. The Commission found that the agreement was genuinely negotiated between the employer and the union and that it provided for fair and reasonable terms and conditions of employment. The Commission also concluded that the agreement met the statutory requirements for direct employee representation. Accordingly, the Commission approved the Rix’s Creek Mine Enterprise Agreement 2021, finding that it was in the best interests of the employees and the employer.

The Fair Work Commission's decision in this case underscores the importance of genuine bargaining and the need for enterprise agreements to meet statutory requirements for direct employee representation. The Commission's approval of the Rix’s Creek Mine Enterprise Agreement 2021 will provide certainty and stability to the workforce and the employer, and it will serve as a model for future enterprise agreements in the mining industry.

Rix’s Creek Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established