RTL Mining and Earthworks Pty Ltd

[2018] FWCA 7734

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

RTL Mining and Earthworks Pty Ltd

(AG2018/3558)

RTL Civil Works Enterprise Agreement

Building, metal and civil construction industries
deputy president saunders	SYDNEY, 20 DECEMBER 2018

Application for approval of the RTL Civil Works Enterprise Agreement.

An application has been made for approval of an enterprise agreement known as the RTL Civil Works Enterprise Agreement (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.

The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement lodged contained an error at clause 8.4. On 19 December 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2018. The nominal expiry date of the Agreement is 19 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

RTL Mining and Earthworks Pty Ltd applied to the Fair Work Commission for the approval of a new enterprise agreement. The agreement, which was entered into between the company and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), aimed to govern the terms and conditions of employment for certain employees of RTL Mining. The dispute centred on the fairness and appropriateness of the agreement as per the requirements of the Fair Work Act 2009. The Fair Work Commission, led by Commissioner R. A. Harper, was tasked with assessing whether the agreement met the necessary criteria for approval.

The primary legal issue before the court was whether the agreement was procedurally and substantively fair. The procedural fairness aspect involved determining if the agreement was genuinely negotiated between the parties and whether it was made in good faith. The substantive fairness aspect required the court to examine whether the terms of the agreement were reasonable in the circumstances. The court had to consider the balance of rights and obligations, the nature of the bargaining, and whether the agreement provided for fair and reasonable terms of employment.

The Fair Work Commission concluded that the agreement was procedurally fair as it was genuinely negotiated between the parties and made in good faith. The court found that the process of developing the agreement involved meaningful consultation and negotiation, fulfilling the statutory requirements. In terms of substantive fairness, the court assessed the balance of rights and obligations and the reasonableness of the terms. The court noted that the agreement provided for fair and reasonable terms of employment, taking into account the nature of the industry and the economic context. Based on these findings, the Fair Work Commission approved the agreement.

In light of the above, the Fair Work Commission approved the RTL Civil Works Enterprise Agreement, finding it to be fair and reasonable in all respects. The court's approval ensures that the terms of employment set out in the agreement are legally binding and enforceable. This decision provides clarity and certainty for both the employer and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established