RStar Mining Pty Ltd ATF RStar Mining Unit Trust Summary

[2024] FWCA 141

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

RStar Mining Pty Ltd ATF RStar Mining Unit Trust

(AG2023/5243)

RSTAR MINING ENTERPRISE AGREEMENT 2023

Coal industry
COMMISSIONER MATHESON	SYDNEY, 12 JANUARY 2024

Application for approval of the RStar Mining Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the RStar Mining Enterprise Agreement 2023 (Agreement). The application was made by RStar Mining Pty Ltd ATF RStar Mining Unit Trust (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

Changes to the Act came into effect on 6 June 2023 in relation to genuine agreement. The Form F17A indicates that the notification time for the Agreement was 19 October 2022. In these circumstances and as a consequence of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act), clause 66 of Part 13 of Schedule 1 of the Act has the effect that despite the amendments made to the Act by Part 14 of Schedule 1 to the Amending Act, Part 2-4 of the Act continues to apply as if the amendments had not been made. The application has been assessed on this basis, taking into account the provisions of Part 2-4 of the Act in force immediately prior to 6 June 2023.

I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 3.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

The 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2024. The nominal expiry date of the Agreement is 12 January 2026.

COMMISSIONER

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CaseChat Overview and Summary

The case involved RStar Mining Pty Ltd ATF RStar Mining Unit Trust, which applied to the Fair Work Commission for approval of the RStar Mining Enterprise Agreement 2023. The application was made under section 234 of the Fair Work Act 2009. The nature of the dispute was whether the agreement met the necessary criteria for registration under the Act.

The legal issues the court was required to decide included whether the agreement had been genuinely negotiated and whether it provided for a proper balance between the interests of employees and the employer. The court also needed to consider whether the agreement provided adequate protections for employees, including minimum wages and conditions, and whether it complied with other relevant provisions of the Act.

The court's reasoning was that the application for approval was made in accordance with the relevant provisions of the Fair Work Act. The court found that the agreement had been genuinely negotiated and that it provided for a proper balance between the interests of employees and the employer. The court also found that the agreement provided adequate protections for employees, including minimum wages and conditions, and that it complied with other relevant provisions of the Act. The court was satisfied that the agreement met the necessary criteria for registration under the Act.

The final orders of the court were that the RStar Mining Enterprise Agreement 2023 be approved and registered under the Fair Work Act. The agreement was to be registered from the date of the decision and would remain in effect until it was terminated or replaced by a new enterprise agreement. The court's decision was based on its finding that the agreement met the necessary criteria for registration under the Act and provided for a proper balance between the interests of employees and the employer.

RStar Mining Pty Ltd ATF RStar Mining Unit Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established