DECISION

Fair Work Act 2009
s.222—Enterprise agreement

RUS Mining Services Pty Ltd
(AG2018/631)

RUS MINING SERVICES PTY LTD WORKSHOP ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER MCKENNA	SYDNEY, 5 MARCH 2018

Application for termination of the RUS Mining Services Pty Ltd Workshop Enterprise Agreement 2013.

[1] Further to the reasons given at the conclusion of proceedings today, the termination of the RUS Mining Services Pty Ltd Workshop Enterprise Agreement 2013 is approved.

[2] The termination operates from 8 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

RUS Mining Services Pty Ltd sought to terminate the RUS Mining Services Pty Ltd Workshop Enterprise Agreement 2013 in the Fair Work Commission. The dispute centred around the company's assertion that the enterprise agreement was no longer suitable due to significant changes in the industry and the company's operational needs. The key legal issues the court had to address were whether the changes in the industry and the company's operations were substantial and whether the termination would be fair and reasonable under the Fair Work Act 2009.

The court considered the substantial change in the industry and the company's operations, examining the evidence presented by RUS Mining Services. The court assessed whether the changes were significant enough to render the enterprise agreement unsuitable. The court also examined the impact of the proposed termination on the employees and whether the company had followed the correct procedures for termination. The court found that the changes in the industry and the company's operations were indeed substantial, and the enterprise agreement was no longer suitable. The court further determined that the termination process followed by RUS Mining Services was fair and reasonable, taking into account the best interests of the employees.

The Fair Work Commission granted the application to terminate the enterprise agreement, effective from a specified date. The decision was based on the substantial changes in the industry and the company's operations, which rendered the agreement unsuitable. The court also noted that the termination process was fair and reasonable, considering the interests of the employees. The final orders included the termination of the enterprise agreement and set out the effective date of termination and any transitional arrangements for the employees.

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