DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RUC Cementation Mining Contractors Pty Ltd
(AG2016/199)

RUC MINING CONTRACTORS ENTERPRISE AGREEMENT 2016

Mining industry
COMMISSIONER ROE	SYDNEY, 15 MARCH 2016

Application for approval of the RUC Mining Contractors Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the RUC Mining Contractors Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RUC Cementation Mining Contractors Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 15 March 2016 and, in accordance with s.54, will operate from 22 March 2016. The nominal expiry date of the Agreement is 15 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

RUC Cementation Mining Contractors Pty Ltd, the applicant, sought approval of the RUC Mining Contractors Enterprise Agreement 2016. The application was made to the Fair Work Commission, which is the relevant authority to approve such agreements under the Fair Work Act 2009. The nature of the dispute was primarily about whether the agreement complied with the requirements of the Act and whether it adequately protected the interests of employees.

The legal issues the court was required to decide included whether the agreement met the standards of the Fair Work Act, specifically focusing on whether it provided for a fair and reasonable balance between the interests of employees and employers. The court had to consider if the agreement provided for procedural fairness and if it was consistent with the principles of the Act. Additionally, the court examined whether the agreement included all the mandatory terms and conditions as required by law.

The Fair Work Commission found that the agreement did comply with the requirements of the Fair Work Act. The court noted that the agreement provided for fair and reasonable terms, including procedural fairness, and adequately balanced the interests of both employees and employers. The court also confirmed that all mandatory terms and conditions were included. Therefore, the Commission approved the agreement, finding that it met the necessary legal standards.

No additional orders were made by the Commission. The approval of the agreement was sufficient to resolve the application, and no further action was required. The decision was made based on a thorough examination of the agreement and a determination that it was consistent with the principles and requirements of the Fair Work Act.

RUC Cementation Mining Contractors 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