RUS Mining Services Pty Ltd

[2019] FWCA 4969

[2019] FWCA 4969

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RUS Mining Services Pty Ltd
(AG2019/2008)

RUS MINING SERVICES CFMMEU SOUTH WESTERN DISTRICT AGREEMENT 2019

Mining industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 17 JULY 2019

Application for approval of the RUS MINING SERVICES CFMMEU SOUTH WESTERN DISTRICT AGREEMENT 2019.

[1] RUS Mining Services Pty Ltd has applied for approval of a single enterprise agreement known as the RUS MINING SERVICES CFMMEU SOUTH WESTERN DISTRICT AGREEMENT 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Noting clause 3.5 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[3] The Notice of Employee Representational Rights reflects an enterprise agreement name which is slightly different to the name of the Agreement as made. In the circumstances and having regard to the decision in Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others 1, I am satisfied that:

a) this constitutes a minor procedural or technical error for the purposes of s.188(2)(a); and
b) the employees to be covered by the Agreement were not likely to have been disadvantaged by the error.

[4] Accordingly, I am satisfied that the Agreement was genuinely agreed within the meaning of s.188(2) of the Act.

[5] On the basis of the material contained in the application and accompanying statutory declaration, 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 Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice that it supports the application and wants the Agreement to cover it pursuant to s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers the organisation.

[7] The Agreement was approved on 17 July 2019 and, in accordance with s.54, will operate from 24 July 2019. The nominal expiry date of the Agreement is 30 June 2021.

[8] Finally it is noted that, for the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 2

DEPUTY PRESIDENT

 1   [2019] FWCFB 318.

 2   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

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