RTL Mining and Earthworks Pty Ltd

[2022] FWCA 1875

The attached document wholly replaces the document previously issued with the code [2022] FWC 1431 on 7 June 2022 to correct document referencing.

Associate to Commissioner Cirkovic

Dated 8 June 2022

[2022] FWCA 1875

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

RTL Mining and Earthworks Pty Ltd

(AG2022/1711)

RTL Road Transport Enterprise Agreement 2022

Road transport industry
COMMISSIONER CIRKOVIC	MELBOURNE, 7 JUNE 2022

Application for approval of the RTL Road Transport Enterprise Agreement 2022

RTL Mining and Earthworks Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the RTL Road Transport Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 7 June 2022.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 7 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, RTL Mining and Earthworks Pty Ltd, sought approval of the RTL Road Transport Enterprise Agreement 2022 from the Fair Work Commission. The application was made under section 231 of the Fair Work Act 2009. The respondent, the Transport Workers Union, contested the application on various grounds, including that the agreement did not provide for fair and reasonable terms and conditions. The dispute hinged on the interpretation and application of the statutory requirements for approval of an enterprise agreement.

The court was tasked with determining whether the agreement met the criteria for approval as outlined in the Fair Work Act. Specifically, the court needed to assess whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith and without coercion. The court also had to consider whether the agreement provided for the resolution of any disputes between the parties, and whether it was consistent with the principles of the Fair Work system.

The Fair Work Commission found that the agreement did indeed meet the statutory requirements for approval. The court emphasised that the agreement provided for fair and reasonable terms and conditions, and was made in good faith and without coercion. The court also found that the agreement provided for the resolution of any disputes between the parties, and was consistent with the principles of the Fair Work system. The court further found that the agreement was not detrimental to the employees and was in their best interests.

The Fair Work Commission approved the RTL Road Transport Enterprise Agreement 2022, subject to certain conditions. The court ordered that the agreement be registered and published in accordance with the Fair Work Act. The court also ordered that the agreement be binding on all employees and employers covered by the agreement, and that any disputes arising under the agreement be resolved in accordance with the agreement's dispute resolution provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established