RUS Mining Services Pty Ltd
[2022] FWCA 3516
•11 OCTOBER 2022
| [2022] FWCA 3516 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
RUS Mining Services Pty Ltd
(AG2022/3879)
RUS Mining Services - MEU South Western District Agreement 2022
| Mining industry | |
| COMMISSIONER MCKINNON | SYDNEY, 11 OCTOBER 2022 |
Application for approval of the RUS Mining Services - MEU South Western District Agreement 2022
RUS Mining Services Pty Ltd has applied for approval of a greenfields agreement known as the RUS Mining Services - MEU South Western District Agreement 2022 (the Agreement). The Agreement was made between RUS Mining Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union.
The Agreement is made under subsection 172(2)(b) of the Fair Work Act 2009. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under the Agreement. I am also satisfied that it is in the public interest to approve the Agreement.
A written undertaking has been given in accordance with section 190 of the Fair Work Act 2009 (Act) and is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.
With the undertaking now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
The Agreement is approved and will operate from 18 October 2022. The nominal expiry date of the Agreement is 11 October 2026.
COMMISSIONER
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Annexure A
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