DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RTL Mining and Earthworks Pty Ltd
(AG2019/3644)

RTL MOBILE PLANT & EARTHWORKS (LOY YANG) ENTERPRISE AGREEMENT 2019

Mining industry
COMMISSIONER WILSON	MELBOURNE, 15 OCTOBER 2019

Application for approval of the RTL Mobile Plant & Earthworks (Loy Yang) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the RTL Mobile Plant & Earthworks (Loy Yang) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RTL Mining and Earthworks Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2019. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, RTL Mining and Earthworks Pty Ltd, sought approval of the RTL Mobile Plant & Earthworks (Loy Yang) Enterprise Agreement 2019 in the Fair Work Commission. The respondents, the Transport Workers Union of Australia and the Construction, Forestry, Maritime, Mining and Energy Union, raised objections to the proposed agreement, citing concerns over its terms and conditions for employees. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed enterprise agreement adequately covered all the necessary topics, whether it was free from prohibited content, and if it complied with the procedural requirements. The Commission considered whether the agreement appropriately addressed the bargaining positions of the parties and whether it contained any terms that were contrary to public policy or unfair to employees. Additionally, the Commission examined the process by which the agreement was negotiated and the extent of employee participation in that process.

In reaching its decision, the Commission carefully reviewed the content of the proposed agreement and the submissions from both parties. It found that the agreement was comprehensive and covered all necessary topics as per the legislative requirements. The Commission also determined that the agreement did not contain any terms that were contrary to public policy or unfair to employees. Regarding procedural fairness, the Commission concluded that the agreement had been negotiated in good faith and that there was sufficient employee participation. Consequently, the Commission approved the enterprise agreement, finding that it met all the statutory requirements.

The Commission ordered that the RTL Mobile Plant & Earthworks (Loy Yang) Enterprise Agreement 2019 be approved and registered with the Fair Work Commission. The agreement will now form the basis of employment conditions for the employees covered by it, subject to the terms and conditions outlined within the approved document.

RTL Mining and Earthworks 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