UGM Mining Services Pty Limited

[2022] FWCA 4251

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UGM Mining Services Pty Limited

(AG2022/4741)

Bis & UGM Mining Services Northern District Enterprise Agreement 2021

Mining industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 5 DECEMBER 2022

Application for approval of the Bis & UGM Mining Services Northern District Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement to be known as the Bis & UGM Mining Services Northern District Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by UGM Mining Services Pty Limited (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 23 November 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Black Coal Mining Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2022. The nominal expiry date of the Agreement is 12 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, UGM Mining Services Pty Limited applied for the approval of the Bis & UGM Mining Services Northern District Enterprise Agreement 2021. The applicant is a mining company operating in the Northern Territory, and the applicant is an employee association representing certain workers. The dispute centred around whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues for the Commission to determine were whether the agreement was fairly negotiated and whether it contained the necessary minimum terms and conditions as prescribed by the Act. The Commission needed to consider the bargaining process, the content of the agreement, and whether it was consistent with the statutory framework. The Commission also examined the implications of the agreement on the employees' rights and entitlements.

The Commission found that the agreement was fairly negotiated and contained all the required minimum terms and conditions. The evidence presented demonstrated that the bargaining process was conducted in good faith and without coercion. The content of the agreement was comprehensive, covering wages, hours of work, leave entitlements, and other employment-related matters. The Commission concluded that the agreement provided a fair and reasonable outcome for both the employer and the employees. Consequently, the Commission approved the Bis & UGM Mining Services Northern District Enterprise Agreement 2021.

The Fair Work Commission approved the enterprise agreement, affirming that it met all statutory requirements and was a fair and reasonable outcome for both parties. The approval signifies that the agreement will now govern the employment terms and conditions of the employees represented by the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established