DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

RUS Mining Services Pty Ltd
(AG2015/2357)

RUS MINING SERVICES CFMEU MINING AND ENERGY NORTHERN DISTRICTS AGREEMENT 2015

Coal industry
COMMISSIONER STANTON	NEWCASTLE, 30 APRIL 2015

Application for approval of the RUS Mining Services CFMEU Mining and Energy Northern Districts Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the RUS Mining Services CFMEU Mining and Energy Northern Districts Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The applicant has provided written undertakings. A copy of those undertakings is set out in Annexure “A”. Pursuant to s.191 of the Act, the undertakings annexed to this Decision are taken to be a term of 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] The Construction, Forestry, Mining and Energy Union - Northern Mining and New South Wales Energy District, being the bargaining representative for the Agreement, have 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 these organisations.

[5] The Agreement is approved and in accordance with s.54 of the Act shall operate on and from 7 May 2015. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

RUS Mining Services Pty Ltd sought approval for the RUS Mining Services CFMEU Mining and Energy Northern Districts Agreement 2015. The dispute arose between the applicant and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). This matter was brought before the Fair Work Commission (FWC), a body with jurisdiction to approve enterprise agreements under the Fair Work Act 2009 (Cth). The primary legal issue before the FWC was whether the agreement met the statutory requirements for approval, particularly whether it was a "better off overall test" (BOOT) agreement. This test required the FWC to consider if the agreement would result in the employees being no worse off and at least one employee being better off overall, compared to the applicable award or general employment conditions.

The FWC examined the provisions of the agreement and the evidence presented by both parties. It determined that the agreement provided for terms and conditions that were at least as good as, and in some cases better than, those provided by the applicable award. The FWC found that the agreement satisfied the BOOT test and was in the interests of the employees. The FWC also noted the good faith negotiations and the overall benefits provided to employees, including wage increases and improved conditions. Consequently, the FWC approved the agreement, recognising its fairness and the benefits it provided to the employees.

The final orders of the FWC were that the RUS Mining Services CFMEU Mining and Energy Northern Districts Agreement 2015 be approved as a registered agreement under section 173 of the Fair Work Act 2009 (Cth). The agreement was to be in effect from the date of registration and would supersede any previous enterprise agreements between the parties.

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