Wilson Mining Services Pty Ltd T/A Wilson Mining Summary

[2023] FWCA 393

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wilson Mining Services Pty Ltd T/A Wilson Mining

(AG2022/5522)

WILSON MINING SERVICES PTY LTD – NSW ENTERPRISE AGREEMENT 2022

Coal industry
DEPUTY PRESIDENT EASTON	SYDNEY, 8 FEBRUARY 2023

Application for approval of the Wilson Mining Services Pty Ltd – NSW Enterprise Agreement 2022.

Wilson Mining Services Pty Ltd T/A Wilson Mining (the Employer) has made an application for the approval of the Wilson Mining Services Pty Ltd – NSW Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 February 2023. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Wilson Mining Services Pty Ltd, trading as Wilson Mining, sought approval of its enterprise agreement with its employees. The agreement, which aimed to establish terms and conditions of employment, was contested on various grounds by the employees. The Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The central legal issues before the Commission revolved around whether the agreement met the statutory requirements under the Fair Work Act, particularly concerning its coverage, procedural fairness, and substantive fairness. The Commission had to assess if the agreement was genuinely negotiated, if it covered the necessary aspects of employment, and if it provided fair and reasonable terms and conditions for the employees. Additionally, the Commission examined if the agreement adhered to procedural requirements, such as the provision of relevant information and the opportunity for employees to be represented.

The Fair Work Commission found that the agreement was genuinely negotiated and covered all required aspects of employment. It concluded that the terms and conditions set out in the agreement were fair and reasonable, taking into account the nature of the industry and the parties' bargaining positions. The Commission also determined that the agreement complied with all procedural requirements, as evidenced by the provision of necessary information and the opportunity for employee representation. Consequently, the Commission approved the enterprise agreement, acknowledging its compliance with the statutory framework.

The final orders of the Commission included the approval of the Wilson Mining Services Pty Ltd – NSW Enterprise Agreement 2022, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the terms and conditions of employment for the employees covered by the agreement.

Wilson Mining Services Pty Ltd T/A Wilson Mining

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established