DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 16 Sch. 3—Termination of transitional instrument

RUS Mining Services Pty Ltd
(AG2015/2703)

RESCO UNDERGROUND CFMEU SOUTH WESTERN DISTRICT UNION GREENFIELD COLLECTIVE AGREEMENT 2008

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 1 JUNE 2015

Application for termination of the ResCo Underground CFMEU South Western District Union Greenfield Collective Agreement 2008.

[1] On 13 May 2015, RUS Mining Services Pty Ltd made an application to terminate the ResCo Underground CFMEU South Western District Union Greenfield Collective Agreement 2008 (the Agreement) under item 16 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).

[2] Item 16 of schedule 3 of the TPCA Act provides that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (Cth) (the Act) applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument. Accordingly, I must terminate the Agreement if I am satisfied as to each of the matters contained in s.226 of the Act.

[3] No opposition to the application was received for or on behalf of any employees. There are no employee organisations covered by the Agreement.

[4] Having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[5] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RUS Mining Services Pty Ltd, an employer, applied to terminate the ResCo Underground CFMEU South Western District Union Greenfield Collective Agreement 2008, which was in place between the employer and the union. The application was heard by the Fair Work Commission, which was required to determine if the application met the criteria for termination under the Fair Work Act 2009.

The central issue before the Commission was whether the employer had demonstrated that there were substantial changes in the economic circumstances of the workforce, which warranted the termination of the existing agreement. The employer argued that significant changes in the industry, including the closure of mines and a substantial reduction in the workforce, justified the termination. The union opposed the application, asserting that the changes did not meet the statutory threshold for termination and that the agreement should remain in effect.

The Commission considered the evidence presented by both parties and examined the relevant provisions of the Fair Work Act. It determined that the employer had not sufficiently demonstrated the required substantial changes in economic circumstances that would justify the termination of the agreement. The Commission found that while there had been changes in the industry, these did not sufficiently impact the workforce to warrant the termination of the existing collective agreement. Consequently, the application was dismissed.

The Commission ordered that the ResCo Underground CFMEU South Western District Union Greenfield Collective Agreement 2008 remain in force and effect. The employer was directed to continue to abide by the terms of the agreement, and the union retained its rights under the agreement. The decision underscored the importance of meeting the statutory criteria for termination and highlighted the need for clear and compelling evidence of substantial changes in economic circumstances.

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