DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RTL Mining and Earthworks Pty Ltd
(AG2019/3791)

RTL MINING AND EARTHWORKS PTY LTD / CFMMEU HAZELWOOD MINE REHABILITATION PROJECT ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 15 OCTOBER 2019

Application for approval of the RTL Mining and Earthworks Pty Ltd / CFMMEU Hazelwood Mine Rehabilitation Project Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the RTL Mining and Earthworks Pty Ltd / CFMMEU Hazelwood Mine Rehabilitation Project Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by RTL Mining and Earthworks Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 10 October 2019.

[3] I note that clause 2.10 of the Agreement states that notice of termination does not apply to Apprentices, which is inconsistent with the National Employment Standards (NES). I also note that clause 2.12 of the Agreement contains an abandonment of employment clause which may be inconsistent with notice of termination obligations under the NES. Given clause 1.4(c) of the Agreement is a NES precedence clause, I am satisfied that the relevant notice of termination obligations under the NES will prevail to the extent of the inconsistency.

[4] 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) of the Act I note that the Agreement covers this organisation.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 August 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case involves an application for the approval of an enterprise agreement between RTL Mining and Earthworks Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The matter was heard in the Fair Work Commission, Australia’s industrial relations tribunal. The crux of the dispute is whether the proposed enterprise agreement, which outlines terms and conditions of employment, adequately addresses the requirements of the Fair Work Act 2009, particularly regarding the protection of employees’ rights and interests.

The legal issues before the court revolved around the comprehensiveness and fairness of the agreement in terms of its compliance with the statutory provisions. The court needed to assess whether the agreement met the 'better off overall test', which ensures that employees are not worse off financially under the new agreement, and whether it provided sufficient protections for employees’ terms and conditions of employment. Additionally, the court had to consider if the agreement was genuinely negotiated and if it included appropriate dispute resolution mechanisms.

The Fair Work Commission found that the agreement was comprehensive and adequately protected the employees’ interests. The court highlighted that the agreement met the better off overall test, providing improved financial outcomes for employees. Furthermore, the commission was satisfied that the agreement had been genuinely negotiated between the parties and included adequate dispute resolution processes. Consequently, the court approved the enterprise agreement, finding it to be fair and compliant with the relevant legislative requirements.

In light of the approval, the court made an order that the RTL Mining and Earthworks Pty Ltd / CFMMEU Hazelwood Mine Rehabilitation Project Enterprise Agreement 2019 be approved as a registered agreement. This decision ensures that the terms and conditions set out in the agreement will apply to the employees, subject to the provisions of the Fair Work Act.

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