RUS Mining Services Pty Ltd

[2013] FWCA 2812

FAIR WORK COMMISSION

DECISION

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

RUS Mining Services Pty Ltd
(AG2013/6244)

RUS MINING SERVICES PTY LTD WORKSHOP ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 9 MAY 2013

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

[1] An application has been made for approval of an enterprise agreement known as the RUS Mining Services Pty Ltd Workshop Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by RUS Mining Services Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 16 May 2013. The nominal expiry date is three (3) years from the date of approval of the Agreement.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RUS Mining Services Pty Ltd applied for approval of the RUS Mining Services Pty Ltd Workshop Enterprise Agreement 2013. The applicant sought approval under the Fair Work Act 2009, as it believed the agreement met the requirements for registration. The dispute centred on whether the agreement met the necessary criteria for approval under the Act. Specifically, the court had to determine if the agreement was free from unlawful content, contained proper bargaining, and if it was appropriately registered with the Fair Work Commission.

The court examined whether the agreement complied with the legal standards for enterprise agreements, including the absence of any unlawful provisions and the fairness of the bargaining process. The applicant argued that all employees had been adequately consulted and that the agreement was fair and reasonable. The court assessed the evidence provided regarding the consultation process and the content of the agreement. The key issue was whether the agreement met the requirements for approval, including its compliance with the Fair Work Act and the absence of any illegal content.

The court found that the agreement was properly drafted and that there was no unlawful content. It also determined that the bargaining process was fair and that all employees had been adequately consulted. The court concluded that the agreement met all the necessary criteria for approval under the Fair Work Act 2009. Consequently, the court approved the application for registration of the RUS Mining Services Pty Ltd Workshop Enterprise Agreement 2013.

The final order was that the application for approval of the agreement be granted. The court directed the Fair Work Commission to register the agreement as a registered agreement under the Fair Work Act 2009. This decision ensures that the terms and conditions outlined in the agreement are legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established