RUS Mining Services Pty Ltd

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

RUS Mining Services Pty Ltd applied to the Fair Work Commission for approval of the RUS Mining Services - MEU South Western District Agreement 2022. The applicant, a mining services company, and the respondents, the Mechanical, Electrical and Plumbing Union (MEU), sought to have the agreement, which outlined terms and conditions of employment for certain employees, approved as a registered agreement under the Fair Work Act 2009. The MEU represented employees who were part of the bargaining unit, and both parties had reached an agreement after negotiations.

The primary legal issue before the commission was whether the agreement met the requirements for approval as a registered agreement. This included ensuring the agreement was in writing, had been negotiated in good faith, and met certain procedural requirements under the Fair Work Act. The commission also needed to confirm that the agreement did not contain any terms that were contrary to public policy or that would otherwise render it unenforceable.

The commission found that the agreement was comprehensive and had been negotiated in good faith. The terms of the agreement were not contrary to public policy, and there were no procedural deficiencies. The agreement contained all necessary elements, including minimum wages, allowances, leave entitlements, and other conditions of employment. The commission was satisfied that the agreement was fair and reasonable, and it approved the RUS Mining Services - MEU South Western District Agreement 2022 as a registered agreement under the Fair Work Act.

The commission's decision resulted in the formal registration of the agreement, ensuring that the terms and conditions outlined within it would govern the employment of the relevant employees. The agreement would now be enforceable in the same manner as any other registered agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established