DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RTL Mining and Earthworks Pty Ltd
(AG2015/1735)

RTL MINING AND EARTHWORKS PTY LTD / CFMEU YALLOURN MINE ENTERPRISE AGREEMENT 2014

Electrical power industry
COMMISSIONER LEWIN	MELBOURNE, 3 FEBRUARY 2015

Application for approval of the RTL Mining and Earthworks Pty Ltd / CFMEU Yallourn Mine Enterprise Agreement 2014.

[1] An application has been made under s 185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the RTL Mining and Earthworks Pty Ltd / CFMEU Yallourn Mine Enterprise Agreement 2014 (the Agreement). The application has been made by RTL Mining and Earthworks Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The application for approval of this Agreement was filed by Mr Bernard Hyde of RTL Mining and Earthworks Pty Ltd on 27 January 2015.

[3] The Agreement was listed for e-hearing, in chambers, before me at 2:00pm on Tuesday, 3 February 2015. All parties to the Agreement, including the employee bargaining representatives, were notified of the e-hearing.

[4] The Construction, Forestry, Mining and Energy Union has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2), 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 seven days from the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is four years from the date of approval.

COMMISSIONER

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CaseChat Overview and Summary

RTL Mining and Earthworks Pty Ltd recently sought approval from the Fair Work Commission for the RTL Mining and Earthworks Pty Ltd / CFMEU Yallourn Mine Enterprise Agreement 2014. The applicant was represented by counsel, while the respondent union was represented by its own representative. The dispute arose out of negotiations between the parties over a proposed enterprise agreement, and the matter was brought before the Fair Work Commission to determine whether the proposed agreement met the statutory requirements for approval.

The primary legal issues before the commission were whether the agreement provided for a fair and reasonable method of determining the rates of pay and conditions of employment, whether it allowed for the fair and reasonable resolution of disputes between the parties, and whether it contained appropriate mechanisms for ensuring compliance with the Fair Work Act. The commission had to consider the bargaining positions of the parties, the content of the agreement, and whether the agreement met the requirements of the Fair Work Act.

After considering the evidence and submissions presented by both parties, the commission found that the proposed agreement met the statutory requirements for approval. The commission determined that the agreement provided for a fair and reasonable method of determining the rates of pay and conditions of employment, and that it contained appropriate mechanisms for resolving disputes and ensuring compliance with the Fair Work Act. The commission also found that the agreement had been negotiated in good faith and that it reflected the bargaining positions of both parties. As a result, the commission approved the agreement, which will now become a legally binding enterprise agreement between the parties.

The commission's decision was based on a thorough analysis of the evidence and submissions presented by both parties. The commission found that the proposed agreement met the statutory requirements for approval and that it reflected the bargaining positions of both parties. The commission also found that the agreement contained appropriate mechanisms for resolving disputes and ensuring compliance with the Fair Work Act. As a result, the commission approved the agreement, which will now become a legally binding enterprise agreement between the parties.

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