DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RUS Mining Services Pty Ltd
(AG2018/5184)

RUS MINING SERVICES CFMEU NORTHERN DISTRICT AGREEMENT 2018

Coal industry
COMMISSIONER LEE	MELBOURNE, 1 FEBRUARY 2019

Application for approval of the RUS Mining Services CFMEU Northern District Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the RUS Mining Services CFMEU Northern District Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RUS Mining Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 8 - Personal Leave.

• Clause 12 – Annual Leave

However, noting clause 8 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2019. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of the RUS Mining Services CFMEU Northern District Agreement 2018. The applicant, RUS Mining Services Pty Ltd, sought the court's endorsement of this agreement, which had been negotiated with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The nature of the dispute centred around the terms and conditions outlined in the agreement, which the company wished to implement as a binding enterprise agreement under the Fair Work Act 2009.

The central legal issue before the court was whether the agreement met the necessary criteria for approval under the Fair Work Act. Specifically, the court needed to determine if the agreement was a genuine enterprise agreement, had been made in good faith, and complied with the procedural requirements set out in the Act. The court also had to ensure that the agreement was in the best interests of the employees it covered and that it had been fairly negotiated.

The court found that the RUS Mining Services CFMEU Northern District Agreement 2018 satisfied all the required criteria for approval. It confirmed that the agreement was genuine, had been made in good faith, and complied with the procedural requirements. The court was satisfied that the agreement was in the best interests of the employees and that it had been fairly negotiated. Consequently, the court approved the agreement, allowing it to take effect as a binding enterprise agreement under the Fair Work Act.

In approving the agreement, the court made an order that the RUS Mining Services CFMEU Northern District Agreement 2018 be registered as a valid enterprise agreement, effective from the date of the court's decision. The agreement now governs the employment terms and conditions for the employees of RUS Mining Services Pty Ltd as per the provisions outlined in the approved document.

RUS Mining Services 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