DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wilson Mining Services Pty Ltd
(AG2019/1199)

WILSON MINING SERVICES PTY LTD - NSW ENTERPRISE AGREEMENT 2019

Coal industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 MAY 2019

Application for approval of the Wilson Mining Services Pty Ltd - NSW Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Wilson Mining Services Pty Ltd - NSW Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wilson Mining Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2019. The nominal expiry date of the Agreement is 10 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by Wilson Mining Services Pty Ltd for approval of the Wilson Mining Services Pty Ltd - NSW Enterprise Agreement 2019. The application was made under section 233 of the Fair Work Act 2009 and was heard in the Fair Work Commission. The application for approval of the enterprise agreement followed negotiations between the company and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU).

The legal issues the court needed to address were whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, including whether it was made in good faith, the parties involved in the negotiation were genuinely seeking an agreement, and whether the agreement contained the necessary minimum terms and conditions of employment as stipulated by the Act. Additionally, the court examined whether the agreement met the procedural requirements for registration, such as being in writing and being lodged with the Fair Work Commission.

The Fair Work Commission found that the enterprise agreement was made in good faith and the parties genuinely sought to reach an agreement. The court also determined that the agreement contained the necessary minimum terms and conditions of employment as required by the Fair Work Act 2009. Furthermore, the agreement was found to comply with all procedural requirements for registration, including being in writing and being lodged with the Fair Work Commission. Based on these findings, the Fair Work Commission approved the enterprise agreement.

The final orders of the Fair Work Commission included the approval of the Wilson Mining Services Pty Ltd - NSW Enterprise Agreement 2019, effective from the date of the decision. The agreement was registered and became a legally binding enterprise agreement between Wilson Mining Services Pty Ltd and the employees represented by the CFMEU. The approval ensured that the terms and conditions outlined in the agreement would govern the employment relationship between the parties, subject to any applicable awards or other industrial instruments.

Wilson 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