DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rixs Creek Pty Ltd
(AG2017/3755)

RIX’S CREEK MINE ENTERPRISE AGREEMENT 2017

Mining industry
COMMISSIONER SAUNDERS	NEWCASTLE, 27 SEPTEMBER 2017

Application for approval of the Rix’s Creek Mine Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Rix’s Creek Mine Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rix’s Creek Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] 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.

[7] 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.

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

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2017. The nominal expiry date of the Agreement is 31 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Rixs Creek Pty Ltd applied for approval of the Rix’s Creek Mine Enterprise Agreement 2017. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, contested the approval of certain provisions of the agreement, asserting that they contravened provisions of the Fair Work Act 2009. The central dispute revolved around whether certain clauses of the agreement, specifically those relating to employee entitlements and conditions, complied with the statutory requirements and did not unfairly disadvantage the employees.

The court was tasked with determining whether the contested provisions of the enterprise agreement met the criteria for approval under the Fair Work Act. This involved examining the provisions against the statutory framework to ensure they did not undermine the rights or entitlements of the employees and did not result in a detrimental shift in their working conditions. The court had to balance the parties' bargaining power and the need to maintain fairness and equity in the workplace.

The Fair Work Commission found that the contested provisions of the enterprise agreement did not contravene the Act and were fair and reasonable. The Commission considered the evidence presented by both parties and concluded that the agreement did not unjustifiably alter the employees' terms and conditions to their detriment. As such, the application for approval of the Rix’s Creek Mine Enterprise Agreement 2017 was approved.

The Fair Work Commission ordered the approval of the Rix’s Creek Mine Enterprise Agreement 2017, subject to the terms and conditions as set out in the agreement. The Commission did not impose any additional conditions or modifications to the agreement, affirming that it was in compliance with the statutory requirements and fair in its application to the employees.

Rixs 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