RTL Mining and Earthworks Pty Ltd

[2023] FWCA 3068

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

RTL Mining and Earthworks Pty Ltd

(AG2023/3153)

RTL MOBILE PLANT & EARTHWORKS (LOY YANG) ENTERPRISE AGREEMENT 2023

Mining industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 SEPTEMBER 2023

Application for approval of the RTL Mobile Plant & Earthworks (Loy Yang) Enterprise Agreement 2023

RTL Mining and Earthworks Pty Ltd has made an application for approval of an enterprise agreement known as the RTL Mobile Plant & Earthworks (Loy Yang) Enterprise Agreement 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by 201(2), I note that the Agreement covers the CFMMEU.

The Agreement was approved on 21 September 2023 and, in accordance with s 54, it will operate from 28 September 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved RTL Mining and Earthworks Pty Ltd, which sought approval for a proposed enterprise agreement. The applicant, a company involved in mobile plant and earthworks, particularly in the Loy Yang region, aimed to secure approval for the RTL Mobile Plant & Earthworks (Loy Yang) Enterprise Agreement 2023. The agreement sought to regulate the terms and conditions of employment for its workforce. The dispute was heard by the Fair Work Commission, an Australian workplace relations tribunal.

The primary legal issue for the court was to determine whether the proposed enterprise agreement complied with the necessary statutory requirements and whether it had been genuinely negotiated between the employer and its employees. The court examined the procedural fairness of the agreement's negotiation and whether the agreement itself met the standards set forth in the Fair Work Act 2009. This included an assessment of whether the agreement appropriately covered the essential terms of employment, such as wages, hours of work, and other conditions of employment, and whether it provided for fair and reasonable terms and conditions.

In its decision, the court found that the proposed agreement was procedurally sound and had been genuinely negotiated between the employer and the employees. The agreement was comprehensive, covering the essential terms of employment and providing for fair and reasonable conditions. The court noted that the agreement provided for reasonable wages and conditions, and it complied with the statutory requirements set out in the Fair Work Act 2009. Therefore, the court approved the RTL Mobile Plant & Earthworks (Loy Yang) Enterprise Agreement 2023.

As a result of the court's approval, the agreement became legally binding on the parties. The Fair Work Commission issued its decision, endorsing the terms of the agreement and providing it with the necessary statutory backing. This decision ensured that the agreed terms would be upheld and enforced in the workplace, providing clarity and stability for both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established